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MA0901-CN090714CONSTRUCTION SPECIFICATIONS AND CONTRACT DOCUMENTS FOR Kimbel Kourt Repaving Project No. MA 09 -01 Bid No. Q- 0609 -01 FOR THE CITY OF COPPELL June 2009 Prepared by City of Coppell Engineering Department eNGI NEERING OkIGlN 1. m4, C" tZ C - JQr— 9 / 1 - 7 161 LJ KEITH R. MARVIM ,.......... ......... 'JUL 012009 T H E C { T Y O F CONSTRUCTION SPECIFICATIONS AND CONTRACT DOCUMENTS FOR Kimbel Kourt Repaving Project No. MA 09 -01 Bid No. Q- 0609 -01 FOR THE CITY OF COPPELL June 2009 TABLE OF CONTENTS Section 1 - Bidding Documents Notice to Bidders Instructions to Bidders Bid Form Prevailing Wage Rates Conflict of Interest Section 2 - Contract Documents Standard Form of Agreement (Contract) Certificate of Insurance Instructions for Bonds Performance Bond Payment Bond Maintenance Bond For this project, the Standard Specifications for Public Works Construction — North Central Texas Council of Governments Fourth Edition, the City of Coppell Standard Construction Details (Ord. 42006 - 1129), and Appendix `C' Design Criteria and Standards in the City of Coppell Subdivision Ordinance (Ord. #94 -643) shall govem all work to be done, together with any additional Supplementary Conditions, Specific Project Requirements, General Notes, Description of Pay Items and/or Technical Specifications included herein. Page # 1 -4 1 -5 1 -19 1 -24 1 -25 2 -2 2 -8 2 -9 2 -10 2 -12 2 -14 Section 3 - City of Coppell's Supplementary Conditions 3 -1 To the NCTCOG General Provisions Section 4 - Specific Project Requirements 4 -1 Section 5 - Description of Pay Items 5 -1 Section 6 - Technical Specifications 6 -1 Project Sign 1 -2 Bidding Documents SECTION I BIDDING DOCUMENTS 1 -3 Bidding Documents NOTICE TO BIDDERS The City of Coppell is accepting bids for the construction of Kimbel Kourt Repaving (E. Sandy Lake Rd. to Village Pkwy) — Project No. MA 09 -01. The work shall consist of the installation of 1.400 S.Y. of T' concrete pavement, related drainage improvements, the removal of existing pavement, concrete driveways, sidewalk, and all appurtenant work necessary to complete construction of the project. Bidding documents, including Construction Plans, Construction Specifications and Contract Documents, may be obtained for a non - refundable cost of $25.00 from the office of the Purchasing Agent, City of Coppell, 255 Parkway Blvd, Coppell, TX 75019; or telephone (972) 304 -3698 for additional information. Sealed bids addressed to the Purchasing Agent, City of Coppell, Texas, for the construction of Kimbei Kourt Repaving (E. Sandy Lake Rd. to Village Pkwy) — Project No. MA 09 -01 will be received in the Purchasing Office at the City of Coppell Town Center, 255 Parkway Boulevard, until 2:00 p.m., June 23, 2009, and then publicly opened and read aloud. Each Bidder shall submit two identical copies of this bid with the City of Coppell Bid No. -0Q 609 -01 designated clearly on the exterior of the bid envelope. A Pre -Bid Conference has been scheduled for this project at the Coppell City Hall in the Engineering Department (255 Parkway Boulevard) at 2:00 p.m. on June 16, 2009 The conference is not mandatory; however, all interested bidders are strongly encouraged to attend. The Owner reserves the right to reject any or all bids and to waive formalities. Unreasonable or unbalanced unit prices will be considered sufficient cause for rejection of any bid or bids. NO BID TRANSMITTED BY FAX WILL BE ACCEPTED. Bidders are expected to inspect the site of the work and to inform themselves regarding local conditions and conditions under which the work is to be done. Complete sets of bidding documents must be used in preparing Bids; the City of Coppell assumes no responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. NO SALES TAX ON TANGIBLE PERSONAL PROPERTY INCORPORATED INTO OR MADE A PART OF THE PROJECT. The bidder shall not include or provide for sales tax on tangible personal property to be incorporated into the project. (Note: This procedure may not be used, however, for materials which do not become a part of the finished product, such as, equipment rental or purchase, form materials, etc.). In order to be exempt from the sales tax on such tangible personal property, the contract shall separate and provide separate charges for materials to be incorporated into the project from charges for labor. The City will provide the Contractor with an exemption certificate for the materials. The contractor is expected to issue a resale certificate in lieu of paying a sales tax at the time of purchase. The bidder shall show the cost of materials (tangible personal property) in the space provided on the bid form. The successful bidder's bid form will be used to develop a separated contract and determine the extent of the tax exemption. 1 -4 Bidding Documents BIDDING AND CONTRACT DOCUMENTS INSTRUCTIONS TO BIDDERS 1. Defined Terms. Terms used in these Instructions to Bidders which are defined in the Standard Specifications for Public Works Construction - North Central Texas Council of Governments Fourth Edition and the Supplementary Conditions of Agreement have the meanings assigned to them in these General Conditions. The term "Bidder" means one that submits a Bid directly to Owner, as distinct from a sub - bidder, who submits a bid to a Bidder. The term "Successful Bidder" means the lowest, qualified, responsible Bidder, as determined after review of calendar days, overall price, and qualifications, to whom the Owner (on the basis of the Owner's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Notice to Bidders, Instructions to Bidders, the Bid Form, the Construction Plans and Specifications, and the proposed Contract Documents (including all Addenda issued prior to receipt of bids). Specific defined terms are: Owner: Wherever the word "OWNER" is used in the specifications and Contract Documents, it shall be understood as referring to the City of Coppell, Texas. Engineer: Wherever the word "Engineer" is used in the Specifications and Contract Documents, it shall be understood as referring to the City Engineer or his authorized representative, City of Coppell, P.O. Box 9478, Coppell, Texas 75019. Inspector: The authorized representative of the City of Coppell assigned to observe and inspect any or all parts of the work and the materials to be used therein. Scope of Work. This work shall consist of the reconstruction of Kimbel Kourt from 100 feet north of E. Sandy Lake Road to Village Parkway (approximately 450 feet). This road is currently a 2 -lane asphalt roadway and will be reconstructed as a two -lane concrete roadway. Associated sidewalk and driveway approaches will be constructed, as well as storm drain improvements. The roadway may be closed from 100 feet north of Sandy Lake Road to the intersection of Village Parkway. Access to the driveway within the area 100 feet north of Sandy Lake Road shall not be obstructed. Work shall include all components necessary for the "turn key" construction of the project as shown in the plans for the Kimbel Kourt Project # MA 09 -01. 3. Copies of Bidding Documents. 3.1 Complete sets of the Bidding Documents may be obtained from the office of the Purchasing Manager, City of Coppell, 255 Parkway Blvd. Coppell, TX 75019, telephone (972) 304 -3698 for a non - refundable cost of $25.00. The following general requirements pertain to the Bidding Documents: 1 -5 Bidding Documents A) No bidding documents will be issued later than two (2) days prior to the bid opening date. B) After award of the Contract, the successful Bidder will be furnished five (5) sets of Contract Documents at no charge. Additional sets over five (5) will be furnished for $25.00 per set. C) Bidding documents may be examined free of charge at the offices of the City Engineer, City of Coppell, 255 Parkway Boulevard, Coppell, Texas. 3.2 Complete sets of Bidding Documents must be used in preparing Bids; the City of Coppell assumes no responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. No partial sets of plans, specifications or proposal forms will be issued. 3.3 The Owner, in making copies of Bidding Documents available on the above terms, does so only for the purpose of obtaining Bids on the Work and does not confer a license or grant for any other use. 4. Qualifications of Bidders. The Bidder shall submit within five (5) days of the Owner's request such evidence as the Owner may require to establish his financial responsibility, experience and possession of such equipment as may be needed to prosecute the work in an expeditious, safe and satisfactory manner. Submissions will be made to City Engineer, City of Coppell, 255 Parkway Boulevard, Coppell, Texas. The required information to be submitted shall consist of, but shall not necessarily be limited to, the following: A. Current Project Experience (within five [5] days if requested). A list of all projects presently under construction by the bidder including approximate cost and completion date shall be submitted upon request. B. Past Project Experience (required to be submitted within five [5] days if requested). The Bidder shall submit a list of comparable projects completed within the previous five years including approximate cost(s), quantities, and completion date(s). C. Equipment (within five [5] days if requested). The Bidder shall provide a list of equipment, which will be used on this project. The Bidder shall demonstrate that he has adequate equipment to complete this project, properly and expeditiously and shall state what additional equipment, if any, that he must rent/lease as may be required to complete this project. D. Financial (within five [5] days if requested). 1 -6 Bidding Documents Each Bidder shall be prepared to submit upon request of the Owner a balanced financial statement with no evidence of threatening losses as evidenced by an audited certified financial statement (current within the last six (6) months of bid date). This information will be used to confirm that the Bidder has suitable financial status to meet obligations incidental to performing the work. E. Technical Experience. The Bidder shall demonstrate to the satisfaction of the Owner that he has the technical experience to properly complete this project. F. Proof that the bidder maintains a permanent place of business. 5. Conflict of Interest. City Charter states that no officer or employee of the City shall have a financial interest, direct or indirect, in any contract with the City, nor shall be financially interested, directly or indirectly, in the sale to the City of any land, or rights or interest in any land, materials, supplies or services. This prohibition does not apply when the interest is represented by ownership of stock in a corporation involved, provided such stock ownership amounts to less than one percent (1 %) of the corporation stock. Any violation of this prohibition will constitute malfeasance in office. Any officer or employee of the City found guilty thereof should thereby forfeit his office or position. Any violation of this prohibition with the knowledge, expressed or implied, of the persons or corporations contracting with the City shall render the contract voidable by the City Manager or the City Council. By submitting a bid, the Contractor represents that no employee or officer of the City has an interest in the Contractor. 6. Examination of Contract Documents and Site. 6.1 Access to the site shall be from E. Sandy Lake Road, MacArthur Blvd, and Village Pkwy. It shall be the Contractor's responsibility before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work, (c) consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. Failure to make these examinations shall in no way relieve any Bidder from the responsibility of fulfilling all of the terms of the contract, without additional cost to the OWNER. 6.2 Information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site is based upon information and data furnished to the Owner by Owners of such underground Facilities or others, and the Owner does not assume responsibility for the accuracy or completeness thereof. All existing structures, improvements, and utilities shall be adequately protected, at the expense of the Contractor, from damage that might otherwise occur due to construction operations. Where construction 1-7 Bidding Documents comes in close proximity to existing structures or utilities, or if it becomes necessary to move services, poles, guy wires, pipe lines, or other obstructions, it shall be the Contractor's responsibility to notify and cooperate with the utility or structure owner. The utility lines and other existing structures shown on the plans are for information only and are not guaranteed by the City to be complete or accurate as to location and/or depth. It shall be the Contractor's responsibility to verify locations and depths sufficiently in advance of construction such that necessary adjustments may be made to allow for the proper installation of proposed improvements as indicated in the plans. The Contractor shall be liable for damage to any utilities resulting from the construction of this project. 6.3 Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work and which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents. 6.4 On request in advance, the Owner will provide each Bidder access to the site to conduct explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, clean up and restore the site to its former conditions, according to the City standards, upon completion of such explorations. 6.5 The lands upon which the Work is to be performed, rights -of -way and easements for access thereto and other lands designated for use by Contractor in performing the Work, are identified in the Contract documents. 6.6 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 6, that without exception the Bid is premised upon performing and furnishing the work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 7. Interpretations and addenda. 7.1 All questions about the meaning or intent of the Contract Documents are to be directed to the Purchasing Agent. Interpretations or clarifications considered necessary by the Purchasing Agent in response to such questions will be issued by Addenda mailed or delivered to all bidders recorded as having received the Bidding Documents. Questions received less than two days prior to the date for opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. Each Bidder shall acknowledge on the bid proposal that all Addenda issued have been received. 1 -8 Bidding Documents 7.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by the Owner. 8. Contract Time. 8.1 The time of completion of the project should be included in the Bid Form in the space provided. All work shall be complete within the calendar day count required by the contractor's proposal. The calendar day count shall commence (10) calendar days after the date of the Notice to Proceed, or when the contractor begins work, whichever comes first. 8.2 Prior to the issuance of the Notice to Proceed by the Owner, the Contractor shall submit a detailed Progress and Schedule chart to the Owner for approval. 8.3 Extension of the contract time shall be based on a Change Order or written amendment as specified in Item 1.36 of the General Provisions. 9. Liquidated Damages. Provisions for liquidated damages are set forth in the Contract. Liquidated damages for this project are: Two hundred and forty dollars ($240.00) per day. 10. Substitute or "Or- Equal" Items. The Contract, if awarded, will be on the basis of materials and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or- equal" items. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or- equal" item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. No substitutions should be considered during the bidding process. 11. Subcontractors, Suppliers, and Others. 11.1 If the Owner requests the identity of any Subcontractors, Suppliers, or other persons or organizations to be submitted to the Owner in advance of the specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within seven (7) days after the request submit to the Owner a list of all such Subcontractors, Suppliers and other persons and organizations proposed for those portions of the Work for which such identification is requested. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, supplier, person or organization if requested by the Owner. If the Owner, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, other person or organization, Owner may, before the Notice of Award is given, request the apparent Successful Bidder to submit an acceptable substitute in which case the apparent Successful Bidder shall submit an acceptable substitute. Bidder's Bid price may be increased (or decreased) by the difference in cost occasioned by such 1 -9 Bidding Documents substitution, and the Owner may consider such price adjustment in evaluating Bids and making the contract award. If the apparent Successful Bidder declines to make any such substitution, the Owner may award the contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, other persons and organizations. The declining to make requested substitutions will not constitute grounds for sacrificing the Bid security of any Bidder. 11.2 No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against whom Contractor has reasonable objection. 12. Bid Proposal. 12.1 Two (2) completed Bid Proposals must be submitted in a sealed envelope as described in Item 15. The blank spaces in the Bid Form shall be filled in for each item for which a quantity is given and the Bidder shall state the price for which he proposes to do each item of work. All blanks on the bid form must be completed in ink or typed. No substitutions, revisions, or omissions from the plans and/or specifications will be accepted unless authorized in writing by the Owner. 12.2 The legal status of the Bidder, that is, as a corporation, partnership, or individual, must be stated on the Bid Form. A corporation Bidder must name the state in which the organization is chartered. Bids which are signed for a corporation shall have the correct corporate name thereof, its post office address, and the signature of the president or other authorized officer of the corporation, manually written below the corporate name in the following manner: "By If the bid is made by an individual, his post office address shall be given. Bids which are not signed by the individuals making them shall have attached thereto a power of attorney evidencing authority to sign the bid in the name of the person for whom it is signed. If the bid is made by a firm or partnership, the name and post office address of the managing member of the firm or partnership shall be given or the bid may be signed by an attorney -in- fact. If signed by an attorney -in -fact, there shall be attached to the bid a power of attorney evidencing authority to sign the bid, executed by the members of the firm or partners. 13. Provision Concerning Escalator Clauses. Bids containing any condition which provides for changes in the stated bid prices due to increase or decrease in the costs of materials, labor, or other items required for this project, may be rejected and returned to the Bidder without being considered. 14. Estimates of Quantities. The quantities listed in the Bid Form will be considered as approximate and will be used for the comparison of bids, unless stated otherwise in the description of pay items. Payments will be made to the Contractor only for the actual quantities of work performed or materials 1 -10 Bidding Documents furnished in accordance with the contract. The quantity of work to be done and the materials may be increased or decreased as provided for in the Contract Documents. If an item is noted as a "Plans Ouantity" then only the quantity shown in the unit bid price schedule will be paid. 15. Submission of Bids. Bids will be received by the Purchasing Agent, and shall be submitted to the Purchasing Agent, City of Coppell, at the Town Center, 255 Parkway Boulevard, P.O. Box 9478, Coppell, Texas 75019 until, 2:00 n.nz, June 23, 2009 and then publicly opened and read aloud. Two identical copies of the bid enclosed in an opaque sealed envelope and marked with the Project title, City of Coppell Bid No. 0- 0609 -01 and the name and address of the Bidder shall be submitted. If the Bid is sent through the mail or other delivery system the sealed envelope shall be enclosed in a separate envelope with the notation 'BID ENCLOSED Construction of Kimbel Kourt Repaving (E. Sandy Lake Rd. to Village Pkwy) — Project No. MA 09 -01on the face of it and addressed to the Purchasing Agent, City of Coppell, Texas. Bid submission shall include Bid Form, Bid Bond, and Conflict of Interest Form. 16. Modification and Withdrawal of Bids. 16.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 16.2 If, within twenty -four hours after the Bids are opened, any Bidder files a duly signed written notice with the Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of the Bid, that Bidder may withdraw his bid. Thereafter, that Bidder will be disqualified from further bidding on the work. 17. Rejection of Bids. Bids may be rejected if they show alterations of form, additions not called for, conditional bids, incomplete bids, erasures or irregularities of any kind. The Owner reserves the right to waive any irregularities in the bids as received and to reject any and all bids without qualification(s). More than one bid from an individual, firm or partnership, corporation or association, under the same or different names, will not be considered. Reasonable grounds for believing that a Bidder is interested in more than one such bid may cause the rejection of all bids in which said Bidder is interested. Bids in which prices are obviously unbalanced may be rejected. Bids submitted without a Proposal Guaranty, per NCTCOG's Item 102.5 of the Standard Specifications for Public works will be rejected. Bids with more than 100 Calendar Days for the time of completion will be rejected. 18. Bids to Remain Subject to Acceptance. All Bids will remain subject to acceptance for ninety (90) calendar days after the day of the Bid opening, but the Owner may, in its sole discretion, release any Bid prior to that date. 1 -11 Bidding Documents 19. Award of Contract. The Owner desires to expedite construction on this contract to minimize the inconvenience to the traveling public and to reduce the time of construction. In order to achieve this A bid with more than 100 calendar days will be considered non - responsive and will be rejected. 19.2 The Owner reserves the right to reject any and all Bids, to waive any and all informalities except for the time of submission of the Bid and to negotiate contract terms with the Successful Bidder. The Owner also reserves the right to reject all nonconforming, non - responsive, unbalanced or conditional Bids. Also, the Owner reserves the right to reject the Bid of any Bidder if the Owner believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or has doubtful financial ability or fails to meet any other pertinent standard or criteria established by the Owner. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 19.3 In evaluating Bids, the Owner will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the Bid form or prior to the Notice of Award. Time of completion will be a consideration in the award of the bid. 19.4 The Owner may consider the qualifications and experience of any Subcontractors, Suppliers, or other persons or organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as requested by the Owner. The Owner also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 19.5 The Owner may conduct such investigations as the Owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial stability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to the Owner's satisfaction within the prescribed time. 19.6 If contract is to be awarded, it will be awarded to the lowest and best qualified Bidder whose evaluation by the Owner indicates to the Owner that the award will be in the best interests of the Project. 19.7 If the contract is to be awarded, the Owner will give the Successful Bidder a Notice of Award within ninety (90) calendar days after the date of the Bid opening. 1 -12 Bidding Documents 20. Execution of Agreement. Within fifteen (15) days after written notification of award of the contract, the Successful Bidder shall execute and furnish to the Owner three (3) original signed contracts and a Certificate of Insurance. 21. Affidavit of Bills Paid. Prior to final acceptance of this project by the Owner, the Contractor shall execute an affidavit that all bills for labor, materials, and incidentals incurred in the project construction have been paid in full, and that there are no claims pending. 22. Bid Compliance. Bid must comply with all Federal, State, county and local laws. Contractor shall not hire nor work any illegal alien. 23. Notice to Proceed. Upon execution of the Contract, the Owner will issue a written Notice to Proceed to the Contractor requesting that he proceed with the construction. The Calendar day count on the project shall commence within ten (10) calendar days after the date of the Notice to Proceed or when the contractor begins work, whichever occurs first. 24. Sales Tax. The bidder shall not include or provide for sales tax on tangible personal property to be incorporated into the project. In order to be exempt from the sales tax on such tangible personal property, the contract shall separate and provide separate charges for materials to be incorporated into the project from charges for labor. The City will provide the Contractor with an exemption certificate for the materials. The contractor is expected to issue a resale certificate in lieu of paying a sales tax at the time of purchase. The bidder shall show the cost of materials to be incorporated into the contract (tangible personal property) in the space provided on the bid form. The successful bidders bid form will be used to develop a separated contract and will determine the extent of the tax exemption. Upon execution of the construction contract, the successful bidder shall provide 'a per item breakdown of 1) materials incorporated into the project; and 2) labor, equipment, supervision and materials not incorporated into the project. 25. Silence of Specification. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of these specifications shall be made on the basis of this statement by Owner or their authorized representative. 26. Change Orders. 1 -13 Bidding Documents No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in the resulting Contract. All change orders to the Contract will be made in writing by the Owner. 27. Assignment. The Successful Bidder shall not sell, assign, transfer or convey this Contract, in whole or in part, without the prior written consent of Owner. 28. Venue. This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Dallas County, Texas. 29. Maintenance Bond. The Contractor shall provide a two -year Maintenance Bond in the amount of 50% of the value of the work at the completion of the project. The bond must be provided prior to final payment by the City. 30. Testing Requirements. The Owner shall make arrangements with an independent laboratory acceptable for testing as required by the construction plans and standard specifications. The Contractor shall bear all related costs of retests or reinspections. The Contractor shall notify the ENGINEER in a timely manner of when and where tests or inspections are to be made so that they may be present. One copy shall be provided to the Contractor of all reports and laboratory test results. Testing by the City does not alleviate the contractor's responsibility for his own quality assurance /quality control testing. Contractor shall replace any deficient construction items at his own expense. 31. Overtime. "Hours worked before 8:00 a.m. or after 5:00 p.m., all weekends and holidays are subject to overtime. Overtime request or scheduled testing must be made in writing and approved by the City of Coppell. Seventy-two hours notice required. All overtime incurred by the City for inspection services shall be paid by the Contractor. If not paid, such cost may be deducted from partial payments." 32. Payment. CONTRACTOR shall submit Applications for Payment in accordance with Item 1.51 of the General Provisions. Applications for Payment will be processed by ENGINEER as provided in the General Provisions. 33. Documentation of existing conditions. 1 -14 Bidding Documents Contractor must video and provide copy to City of existing conditions within entire work area prior to the start of construction. This is subsidiary to Pay Item #1 Mobilization. 34. Bid Security. Contractor must submit a bid security in the amount of five (5 1 /o) percent of the amount of the maximum total bid as a guarantee that the Bidder will promptly enter into a Contract and execute a Performance, Payment and Maintenance Bonds on the forms included in the Contract Documents if awarded the contract. Acceptable Bid Security are: Certified or cashier's check made payable to the Owner. An approved Bidder's Bond underwritten by a surety named in the current list of "Surety Companies Acceptable on Federal Bonds" as published in the Federal Register by the Audit Staff Bureau of Accounts, U.S. Treasury Department. 35. Bonds Performance, Payment and Maintenance Bonds are required for this project and shall be provided in accordance with the General Conditions. 36. Insurance Contractor will be responsible for providing insurance in accordance with North Central Texas Council of Governments Standard Specifications for Public Works Construction Item 103.4. Minimum coverage as follows: • Workers Compensation — As set forth in the Workers Compensation Act. • Commercial General Liability - $1,000,000 Accident/Occurrence. • Automobiles - $500,000 Combined single limit per occurrence. • Owner's Protective Liability - $600,000 /occurrence; $1,000,000 aggregate. • "Umbrella" Liability - $1,000,000 per occurrence w/ drop down coverage. • Liability (Public) - $1,000,000 Aggregate; $1,000,000 Products & Completed Operations Aggregate. • The Owner shall be named as an additional insured on all policies listed above. • See NCTCOG Standard specification section 107.2 for Indemnification requirements. I0IIlX131 PROJECT IDENTIFICATION: Kimbel Kourt Repaving(E. Sandy Lake Rd. to Village Pkwy) Project No. MA 09 -01 in Coppell, Texas 1 -15 Bidding Documents BID OF �tO N C71 L• ?DATE (NAME OF FIRM) THIS BID IS SUBMITTED TO: City of Coppell (hereinafter called OWNER) c/o Purchasing Agent 255 Parkway Boulevard P.O. 9478 Coppell, Texas 75019 CITY OF COPPELL BID NO: -00 609 -01 The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with OWNER in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER accepts all of the terms and conditions of the Advertisement or Notice to Bidders and Instructions to Bidders. This Bid will remain subject to acceptance for ninety (90) days after the day of Bid opening. BIDDER will sign and submit the Agreement with other documents required by the Bidding Requirements within fifteen (15) days after the date of OWNER's Notice of Award. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: (a) BIDDER has examined copies of all the Bidding Documents and of the following Addenda (receipt of all which is hereby acknowledged): No: NdNC% Date: Rec'd: 1 -16 Bidding Documents (b) BIDDER has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or finnishing of the Work. (c) BIDDER has studied carefully all reports and drawings of subsurface conditions contained in the contract documents and which have been used in preparation of the contract documents. CONTRACTOR may rely upon the accuracy of the technical data contained in such reports, but not upon nontechnical data, interpretations or opinions contained therein or for the completeness thereof for CONTRACTOR's purposes. Except as indicated in the immediately preceding sentence, CONTRACTOR shall have full responsibility with respect to subsurface conditions at site. BIDDER has studied careftdly all drawings of the physical conditions in or relating to existing surface or subsurface structures on the site, which are contained in the contract documents and which have been utilized in preparation of the contract documents. CONTRACTOR may rely upon the accuracy of the technical data contained in such drawings, but not for the completeness thereof for CONTRACTOR's purposes. Except as indicated in the immediately preceding sentence, CONTRACTOR shall have full responsibility with respect to physical conditions in or relating to such structures. (d) BIDDER has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies (in addition to or to supplement those referred to in (c) above) which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance or furnishing of the Work as BIDDER considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, explorations, tests reports or similar information or data are or will be required by BIDDER for such purposes. (e) BIDDER has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect of said Underground Facilities are or will be required by BIDDER in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. (f) BIDDER has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 1 -17 Bidding Documents (g) BIDDER has given ENGINEER written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER. (h) This bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. (i) It is understood and agreed that the following quantities of work to be done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating bids. (j) It is understood and agreed that the quantities of work to be done at unit prices and materials to be furnished may be increased or diminished as may be considered necessary in the opinion of the OWNER to complete the work fully as planned and contemplated, and that all quantities of work, whether increased or decreased, are to be performed at the unit prices set forth, except as provided for in the Contract Documents. 4. Bidder understands that the work will be completed in multiple phases. Phasing will require move -ins by utility and paving contractors. It is understood and agreed that all work under this contract will be completed within the bid calendar days. Completion date will be established in the Notice to Proceed. It is understood that time of completion will be a consideration in the award of the bid. 5. It is understood and agreed that the contractor's experience in this type of work will be a strong consideration in the award of the bid. 6. It is strongly recommended that each bidder visit the site prior to submitting a bid. Construction constraints exist, including traffic that could affect productivity. BIDDER will complete the Work for the following price(s): 1 -18 Bidding Documents KIMBEL KOURT REPAVING PROJECT # MA 09 -01 UNIT PRICE BID SCHEDULE Item Quantity Unit Description and Price in Words Unit Total No. Price Price I -1 1 LS Mobilization & Demobilization Complete in Place for �U wS V,0Aeo Dollars and A1 Cents per Lump Sum. F� ® G ®�- I -2 1 LS Furnish, Install, Maintain, and Remove Traffic Control Devices, Co in Place for a A4 Dollars and AIAP Cents per Lump Sum. I -3 1 LS Furnish, Install, Maintain, and Remove Erosion Control Devices, Comple in Place for o we 4w.s Dollars and A/0 Cents per Lump Sum. e0o ZOO I -4 2 EA Furnish, Install, Maintain, and Remove Project Signs, Complete in Place for Dollars and Cents per Each. g% KIMBEL KOURT REPAVING 1 -19 Bidding Documents PROJECT # MA 09 -01 UNIT PRICE BID SCHEDULE Item Quantity Unit Description and Price in Words Unit Total No. Price Price I -5 1300 SY Sawcut, Remove, and Dispose of Existing Asphalt Pavement, Complete in Place for "j Va Dollars and , Cents p er Square Yard. I -6 350 SY Sawcut, Remove, and Dispose of Existing Concrete Flatwork, Complete in Place for ,e57 7 Dollars and No Cents �- <e a p er Square Yard. I -7 2 EA Construct 10' Curb Inlet, Complete in Place for , �p Dollars and A10 Cents er Each. I -8 78 LF Furnish & Install 18" RCP Drainage pipe, Complete in Place for Dollars and NO Cents p er Linear Foot. 1 -20 Bidding Documents KIMBEL KOURT REPAVING PROJECT # MA 09 -01 UNIT PRICE BID SCHEDULE Item Quantity Unit Description and Price in Words Unit Total No. Price Price I -9 1 EA Construct 4' Square Storm Drain Junction Box over existing 21" Drainage pipe, Complete in Place for u -°' ft� //Am ` 1 44 - 4 0A ep Dollars and /V o Cents p er Each. n ,de) o zo 1 -10 1515 SY Furnish & Install 8" Lime Stabilized Subgrade, Complete in Place for Dollars and f® Cents p er Square Yard. -S' ��• '" 1 -11 1415 SY Furnish & Install 7" Reinforced Concrete Pavement with 6" Monolithic Curb, Complete in Place for 7;91Z.Pi' Dollars and Cents er Square Yard. I -12 160 SY Furnish & Install 6" Reinforced Concrete Driveway, Complete in Place for Dollars and /V 0 Cents p er Square Yard. "� C 1 -21 Bidding Documents KIMBEL KOURT REPAVING PROJECT # MA 09 -01 UNIT PRICE BID SCHEDULE Item Quantity Unit Description and Price in Words Unit Total No. Price Price 1 -13 400 SF Furnish & Install 4" Reinforced Concrete Sidewalk, Complete in Placer Dollars and A10 Cents p er Square Foot. ®® IVA �� 1 -14 1 LS Restore Parkway and Disturbed Areas, Complete in Place for OV Dollars and A Cents p er Lump Sum. mK 0 0,9 o TOTAL BID ITEMS BID I -1 thru I -14 TANGIBLE PERSONAL PROPERTY COST $ 4�5. 2 8 0 1 -22 Bidding Documents BID SUMMARY SUBTOTAL BID ITEMS #I -I THRU #I -14 TOTAL TIME BID 3-5 CALENDAR DAYS NOTE: A TIME BID OF MORE THAN 100 CALENDAR DAYS SHALL BE CONSIDERED NONRESPONSIVE AND WILL BE REJECTED. 8. Communications concerning this Bid shall be addressed to the address of BIDDER indicated on the applicable signature page. 9. BIDDER understands that the Owner is exempt from State Limited Sales and Use Tax on tangible personal property to be incorporated into the project. Said taxes are not included in the Contract Price (see Instructions to Bidders). 10. The terms used in this Bid which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. The City of Coppell reserves the right to delete any portion of this project as it may deem necessary to stay within the City's available funds. Should the City elect to delete any portion, the contract quantities will be adjusted accordingly. PROPOSAL GUARANTY ➢ A Proposal Guaranty shall be provided in accordance with Item 102.5 of the Standard Specifications for Public Works Construction — North Central Texas Council of Governments Fourth Edition. SUBMITTED ON Signature: 1 -23 Bidding Documents PREVAILING WAGE RATES TX20080043 Air Tool Operator ...... ..........................10.06 Asphalt Raker .......... ..........................11.01 Asphalt Shoveler .. ............................... 8.80 Batching Plant Weigher ........................14.15 Carpenter .......... ............................... 12.80 Concrete Finisher - Paving ......................12.85 Concrete Finisher - Structures ...................13.27 Concrete Rubber ....... ..........................10.61 11.58 Electrician ......... ............................... 18.12 Flagger.............. ............................... 8.43 Form Builder - Structures ........................11.63 Form Setter- Paving and Curb ..................11.83 Form Setter - Structures ......................... 11.63 Laborer - Common . ............................... 9.18 Laborer - Utility ......... ..........................10.65 Mechanic .......... ............................... 16.97 Oiler............... ............................... 14.98 Servicer ................. ..........................12.32 Painter - Structures ............................... 13.17 Pipe Layer .............. ..........................11.04 14.00 Asphalt Distributor Operator ..................13.99 14.86 Asphalt Paving Machine ........................12.78 16.29 Broom or Sweeper Operator .................... 9.88 Bulldozer ........ ............................... 13.22 Concrete Curbing Machine Operator ...... 12.00 Concrete Finishing Machine .................. 13.63 Concrete Paving Spreader Machine......... 14.50 Concrete Paving Joint Sealer ..................12.50 Concrete Paving Saw . ..........................13.56 Truck Driver Lowboy/Float ................... 10.44 Truck Driver - Transit Mix ...................... 9.47 Truck Driver- Winch ............................ 9.00 Vibrator Operator -Hand Type .................. 7.32 Welder ............ ............................... 11.57 Slipform Machine Operator ..........................12.33 Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel ........................... 14.12 Foundation Drill Operator Crawler Mounted .....13.67 Foundation Drill Operator Truck Mounted ....... 16.30 Front End Loader ........... ..........................12.62 Milling Machine Operator . ..........................11.83 Mixer................... ............................... 11.58 Motor Grader Operator Fine Grade ............... 15.20 Motor Grade Operator ............................... 14.50 Pavement Marking Machine ........................10.04 Roller, Steel Wheel Plant -Mix Pavements .........11.28 Roller, Steel Wheel Other Flatwheel or Tamping ............... ..........................10.92 Roller, Pneumatic, Self - Propelled ..................11.07 Scraper........................ ..........................11.42 Tractor - Crawler Type ............................... 12.60 Tractor - Pneumatic .......... ..........................12.91 Traveling Mixer ............. ..........................12.03 Wagon - Drill, Boring Machine ..................... 14.00 Reinforcing Steel Setter Paving .................... 14.86 Reinforcing Steel Setter Structures ................ 16.29 Steel Worker- Structural ............................ 14.80 Spreader Box Operator .............................. 10.92 Work Zone Barricade ....... ..........................10.09 Truck Driver - Single Axle Light .....................10.91 Truck Driver - Single Axle Heavy ....................11.47 Truck Driver - Tandem Axle Semi Trailer .........11.75 1 -24 Bidding Documents CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire is being filed in accordance with chapter 176 of the Local OFFICE USE Government Code by a person doing business with the governmental entity. ONLY Date Received By law this questionnaire must be filed with the records administrator of the local government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. 1 Name of person doing business with local governmental entity. 2 ❑ Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than September 1 of the year for which an activity described in Section 176.006(a), Local Government Code, is pending and not later than the 7th business day after the date the originally filed q uestionnaire becomes incomplete or inaccurate. 3 Name each employee or contractor of the local governmental entity who makes recommendations to a local government officer of the governmental entity with respect to expenditures of money AND describe the affiliation or business relationship. 4 Name each local government officer who appoints or employs local government officers of the governmental entity for which this questionnaire is filed AND describe the affiliation or business relationship. 1 -25 Bidding Documents FORM CIQ CONFLICT OF INTEREST QUESTIONNAIRE Page 2 For vendor or other person doing business with local governmental entity 5 Name of local government officer with whom filer has affiliation or business relationship. (Complete this section only if the answer to A, B, or C is YES. This section, item 5 including subparts A, B, C & D, must be completed for each officer with whom the filer has affiliation or other relationship. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income from the filer of the questionnaire? ❑ Yes ❑ No B. Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of the local g officer named in this section AND the taxable income is not from the local governmental entity? ❑ Yes U No C. Is the filer of this questionnaire affiliated with a corporation or other business entity that the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? Yes ❑ No D. Describe each affiliation or business relationship. Signature of person doing business with the governmental entity Date 1-26 Bidding Documents SECTION 2 CONTRACT DOCUMENTS T H E C I T Y - 0 F STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the 29th_ day of June in the year 2009 by and between the CITY OF COPPELL, TEXAS, a municipal corporation (hereinafter called OWNER) and JIM BOWMAN CONSTRUCTION CO., L.P._ (hereinafter called) CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: This work shall consist of the reconstruction of Kimbel Kourt from 100 feet north of E. Sandy Lake Road to Village Parkway (approximately 450 feet). This road is currently a 2 -lane asphalt roadway and will be reconstructed as a two -lane concrete roadway. Associated sidewalk and driveway approaches will be constructed, as well as storm drain improvements. The roadway may be closed from 100 feet north of Sandy Lake Road to the intersection of Village Parkway. Access to the driveway within the area 100 feet north of Sandy Lake Road shall not be obstructed. Work shall include all components necessary for the "turn key" construction of the project as shown in the plans for the Kimbel Kourt Project # MA 09 -01. The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Construction of the Kimbel Kourt (Sandy Lake to Village Parkway) Project No. MA 09 -01 Bid No. Q- 0609 -01 Article 2. ENGINEER. The Project has been designed by the City of Coppell Engineering Department. Contract administration will be provided by the City of Coppell Engineering Department who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract 2 -2 Contract Documents STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR - ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the 29th day of June in the year 2009 by and between the CITY OF COPPELL, TEXAS, a municipal corporation (hereinafter' called OWNER) and JIM BOWMAN CONSTRUCTION CO., L.P._ (hereinafter called) CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: This work shall consist of the reconstruction of Kimbel Kourt from 100 feet north of E. Sandy Lake Road to Village Parkway (approximately 450 feet). This road is currently a 2 -lane asphalt roadway and will be reconstructed as a two -lane concrete roadway. Associated sidewalk and driveway approaches will be constructed, as well as storm drain improvements. The roadway may be closed from 100 feet north of Sandy Lake Road to the intersection of Village Parkway. Access to the driveway within the area 100 feet north of Sandy Lake Road shall not be obstructed. Work shall include all components necessary for the "turn key" construction of the project as shown in the plans for the Kimbel Kourt Project # MA 09 -01. The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Construction of the Kimbel Kourt (Sandy Lake to Village Parkway) Project No. MA 09 -01 Bid No. Q- 0609 -01 Article 2. ENGINEER. The Project has been designed by the City of Coppell Engineering Department. Contract administration will be provided by the City of Coppell Engineering Department who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract 2 -2 Contract Documents Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIME. 3.1. The Work will be completed within 35 Days from the date when the Contract time commences to run as provided in Item 103.2 of the General Provisions, and completed and ready for final payment in accordance with Item 109.5 of the General Provisions. 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the time specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Item 1.36 of the General Provisions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for daily (but not as a penalty) CONTRACTOR shall pay OWNER Two hundred forty and no /100 dollars ($240.00) for each day that expires after the time specified in paragraph 3.1 for Completion until the Work is complete. Article 4. CONTRACT PRICE. 4.1. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents in current funds subject to additions and deductions by Change Orders as provided in the contract documents in accordance with the unit prices listed in Section 1 - Proposal and Bid Schedule. The contract sum shall be the amount of $ 100,212.75 . The total tangible personal property cost included in the contract sum is $ 43,280.00 . Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Item 109.5 of the General Provisions. Applications for Payment will be processed by ENGINEER as provided in the General Provisions. 5.1. Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in Item 109.5 of the General Provisions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Provisions. 5.1:1. Prior to Completion, progress payments will be made in an amount equal to the percentage indicated in Item 109.5.2 of the General Provisions, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with Item 109.4 of the General Provisions. 2 -3 Contract Documents Article 6. INTEREST. No interest shall ever be due on late payments. Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 7.1. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in Item 102.3 of the General Provisions, and accepts the determination set forth in Item SC- 105.1.3 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to rely. 7.2. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 7.1 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance, or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Item 102.3 of the General Provisions; and no additional examinations, investigations, explorations, tests, reports, studies, or similar information or data are or will be required by CONTRACTOR for such purposes. 7.3. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes all responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies, or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Items 102.3, 103.1 and 104.1 of the General Provisions. 7.4. CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. 7.5. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. 2 -4 Contract Documents Article 8. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1. This Agreement (pages 2 -2 thru 2 -7, inclusive). 8.2. Exhibits to this agreement (immediately following this Agreement, inclusive), including Performance Bond, Payment Bond and Maintenance Bond. 8.3. Certificate of Insurance. 8.4. Notice of Award. 8.5. Part 1: Standard Specifications for Public Works Construction — North Central Texas Council of Governments Fourth Edition. 8.6. Supplementary Conditions to the NCTCOG, Division 100: General Provisions (pages 3 -2 thru 3 -10, inclusive). 8.7. Specifications bearing the title: "Construction Specifications and Contract Documents for the "Kimbel Kourt Project No.MA 09 -01 for the City of Coppell ". 8.8. Drawings (Construction Plans) entitled: "Kimbel Kourt Project No.MA 09 -01 for the City of Coppell ". 8.9. The following listed and numbered addenda: 8.10. CONTRACTOR's Bid Proposal and Bid Schedule of Section 1 - Bidding Documents. 8.11. Documentation submitted by CONTRACTOR prior to Notice of Award. 8.12. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to Items 104.2 and 109.3 of the General Provisions. 8.1.3. The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). The Contract Documents may only be amended, modified, or supplemented as provided in Items 104.2 and 109.3 of the General Provisions. Article 9. MISCELLANEOUS. 2 -5 Contract Documents 9. 1. Terms used in this Agreement which are defined in Item 101. of the General Provisions will have the meanings indicated in the General Provisions. 9.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assignors and legal representatives to the other party hereto, its partners, successors, assignors and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 2 -6 Contract Documents Article 10. OTHER PROVISIONS. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. This Agreement will be effective on 2009. OWNER: City of Coppell CONTRACTOR: 255 Parkway Boulevard Coppell, TX 75019 BY: �+ j TITLE: ATTEST: Address for giving notices: P.O. Box 9478 Coppell, Texas 75019 Attn: Ken Griffin, P.E. Dir. of Engineering/Public Works (If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement.) M . TITI I: ITri Address for giving notices: UAd, r 7 — AI(- s 7 / ! 11 1 ,>x 77 —TO - 7 -/ (If CONTRACTOR is a corporation, attach evidence of authority to sign.) MA Contract Documents Certificate of Insurance After award of contract, Contractor will provide Owner With Certificate of Insurance, which will be executed and bound here with final documents. Contractor will be responsible for providing insurance in accordance with North Central Texas Council of Governments Standard Specifications for Public Works Construction Item 103.4. Minimum coverage as follows: • Contractor Insurance o Workers Compensation — As set forth in the Workers Compensation Act. o Commercial General Liability - $1,000,000 Accident/Occurrence. o Automobiles - $500,000 Combined single limit per occurrence. o Owner's Protective Liability - $600,000 /occurrence; $1,000,000 aggregate. o "Umbrella" Liability - $1,000,000 per occurrence w/ drop down coverage. o Liability (Public) - $1,000,000 Aggregate; $1,000,000 Products & Completed Operations Aggregate. • Additional Insured o The Owner shall be named as an additional insured on all policies listed above. o See NCTCOG Standard specification section 107.2 for Indemnification requirements. 2 -8 Contract Documents ACORD CERTIFICATE OF LIABILITY INSURANCE DATE 07 /D 07/07/2009 PRODUCER (972)864 -0400 FAX (972)278 -8400 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Davis-Dyer-Max, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR a Member of the Insurors Group ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 495429 Garland, TX 75049 INSURERS AFFORDING COVERAGE NAIL # NSURED Jim Bowman Construction Co,, L.P. INSURERA: Security National Insurance Co 1111 Summit Avenue INSURERB: Trinity Universal Suite 1 INSURERc: Texas Mutual Insurance Co. Plano, TX 75074 INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO At I THE TERMR EYrI I l-lnnts Antn rnnlnTimic nc ci iru POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I& ADDT INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS A I I GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE i ' - ] OCCUR X Contractual Liab SPP1002469 12/12/2008 12/12/2009 EACH OCCURRENCE $ 1 DAMAGE TO RENTED c. $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 X lIncludes X C U GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER POLICY X PRO — 1 LOC JECT PRODUCTS - COMP /OP AGG $ 2,000,000 A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS SPP1002469 12/12/2008 12/12/2009 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY AGG $ $ B EXCESS /UMBRELLA LIABILITY X OCCUR FI CLAIMS MADE DEDUCTIBLE X RETENTION $ 10, MMB1001576 12/12/2008 12/12/2009 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 $ $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below TSF00011S2913 12/12/2008 12/12/2009 X WC STATU- OTH- I FIR E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1 ,000,000 E.L. DISEASE -POLICY LIMIT 1 $ 1,000,000 A OTHER Equipment Floater SPP1002469 12/12/2008 12/12/2009 $300,000 Leased Equipment $2500 Deductible ESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS ^Oject: Kimbel Kourt Repaving Project MA 09 -01 �ity of Coppell is included as additional insured on the general liability. City of Coppell, Texas 255 Parkway Coppell, TX 75019 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE !� Perry Max /SDI iCORD 25 (2001/08) ©ACORD CORPORATION 1988 Instructions For Bonds A. The surety on each bond must be a responsible surety company that is qualified to do business in Texas and satisfactory to the Owner. B. The name and residence of each individual party to the bond shall be inserted in the body thereof, and each such party shall sign the bond with his usual signature on the line opposite the scroll seal, and if signed in Maine, Massachusetts or New Hampshire, an adhesive seal shall be affixed opposite the signature. C. If the principals are partners, their individual names will appear in the body of the bond, with the recital that they are partners composing a firm, naming it, and all the members of the firm shall execute the bond as individuals. D. The signature of a witness shall appear in the appropriate place, attesting the signature of each individual party to the bond. E. If the principal or surety is a corporation, the name of the State in which incorporated shall be inserted in the appropriate place in the body of the bond, and said instrument shall be executed and attested under the corporate seal, the fact shall be stated, in which case a scroll or adhesive seal shall appear following the corporate name. F. The official character and authority of the person or persons executing the bond for the principal, if a corporation, shall be certified by the secretary or assistant secretary according to the form attached hereto. In lieu of such certificate, records of the corporation as will show the official character and authority of the officer signing, duly certified by the secretary or assistant secretary, under the corporate seal, to be true copies. G. The date of this bond must not be prior to the date of the contract in connection with which it is given. 2 -9 Contract Documents PERFORMANCE BOND STATE OF TEXAS COUNTY OF DALLAS KNOW ALL MEN BY THESE PRESENTS: That Jim m Bowman Construction Co.. L.P whose address is 1111 Summit Ave. S -1, Plano, TX., 75074 , hereinafter called Principal, and; F;rsr Natinnai Insurance Company of America , a corporation organized and existing under the laws of the State of wA , and fully licensed to transact business in the State of Texas as Surety, are held and firmly bound unto the CITY OF COPPELL, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called 'Beneficiary ", in the penal sum of one Hundred Thousand Two Hundred Twelve & 75/100 DOLLARS ($ 100 . .212-7 5 ) in lawful money of the United States, to be paid in Dallas County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract with the City of Coppell, the Beneficiary, dated the 29th of .Tune , A.D. 20 09 , which is made a part hereof by reference, for the construction of certain public improvements that are generally described as follows: Construction of the: Kimbel Kourt Repaving (Sandy Lake to Village Parkway) Project No. MA 09 -01 Bid No. Q- 0609 -01 NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the plans, specifications and Contract documents during the original term thereof and any extension thereof which may be granted by the Beneficiary, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of one (1) year from the date of final completion and final acceptance of the Work by Owner; and, if the Principal shall fully indemnify and save harmless the Beneficiary from all costs and damages which Beneficiary may suffer by reason of failure to so perform herein and shall fully reimburse and repay Beneficiary all outlay and expense which the Beneficiary may incur in making good any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full force and effect. 2 -10 Contract Documents PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive Venue shall lie in Dallas County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder or the specifications accompanying the same shall in anyway affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work or to the Specifications. This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Dallas County or Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19 -1 of the insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 7th day of July , 20 Jim Bowman Firsst National B y : -- By: a Title: Jim Bowman, G. Title Tammi Entriken, Attorney =in; -Fa REST: ATTEST: - - a4" ;,� Resident Agent of the Surety in Dallas or Denton County, Texas, for delivery of notice and service of the process is: NAME: Davis —Dyer —Max, Inc. ADDRESS: 3200 Broadway, S -400, Garland, TX 75043 NOTE: Date of Performance Bond must be date of Contract.. If Resident Agent is not corporation, give person's name. 2 -11 Contract Documents PAYMENT BOND STATE OF TEXAS } COUNTY OF DALLAS I KNOW ALL MEN BY THESE PRESENTS: That :Tim Bowman Construction Co, L. P. whose address is 1111 Summit Ave., S -1, Plano TX. 75074 , hereinafter called Principal, and First National Insurance Company of America a corporation organized and existing under the laws of the State of WA. , and fully licensed to transact business in the State of Texas as Surety, are held and firmly bound unto the CITY OF COPPELL, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called 'Beneficiary", in the penal sum of O A,Hundr- d.Thousand Two Hundred Twelve & 75/100 DOLLARS ($ 100.212 ) in lawful money of the United States, to be paid in Dallas County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract with the City of Coppell, dated the 29th of .Tune , A.D. 20 09 , which is made a part hereof by reference, for the construction of certain public improvements that are generally described as follows: Construction of the: Kimbel Kourt Repaving (Sandy Lake to Village Parkway) Project No. MA 09 -01 Bid No. Q- 0609 -01 NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modification to the Surety is hereby expressly waived, then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive Venue shall lie in Dallas County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder or the Plans, Specifications, Drawings, etc., accompanying the same, shall in anyway affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder. 2 -12 Contract Documents This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Dallas County or Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19 -1 of the insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 7 t h day of -,,, i y , 20 __Dg__ . PRINCIPAL SURETY By :Jim Bowm ' First National Construc nn ('o , T P BS' Title: . - . Tim Bowman. (—M— _ Title: Tammi Ent n, I1 to n - y - in — L Fact ATTEST: (� ATTEST: The Resident Agent of the Surety in Dallas or Denton County, Texas, for delivery of notice and service of the process is: NAME: Davis—Dyer—Max, Inc ADDRESS: 3200 Broadway, S -400, Garland, TX 75043 NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name. 2_13 Contract Documents MAINTENANCE BOND STATE OF TEXAS } COUNTY OF DALLAS } KNOW ALL MEN BY THESE PRESENTS: THAT Jim Bowman ' First a Iona Cnngtrnctinn Co-, T P as Principal, and TnG it n Company of Amp , lam corporation organized under the laws of Washington , as sureties, do hereby expressly acknowledge themselves to be held and bound to pay unto the City of Coppell, TX. , a Municipal Corporation, Texas, the sum of One Hundred Thousand Two Hundred Twelve Dollars and 75/100 Cents ($ 100, 212.75 ) , for the payment of which sum will and truly be made unto said City of Coppell, TX. , and its successors, said principal and sureties do hereby bind themselves, their assigns and successors jointly and severally. THIS obligation is conditioned; however, that whereas, the said Jim Bowman Construction Co., L.P. has this day entered into a written contract with the said _ City of Coppell, Tx to build and construct Kimbel Kourt Repaving (Sandy Lake to Village Parkway) Project No. MA 09 -01 Bid No. Q- 0609 -01, which contract and the plans and specifications therein mentioned, adopted by the City of Cnpn 1 1 , TX_ are hereby expressly made a part thereof as through the same were written and embodied herein. WHEREAS, under the plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair, the work herein contracted to be done and performed, for a period of two (2) years from the date of the acceptance of said work, and to do all necessary repairs and/or reconstruction in whole or in part of said improvements that should be occasioned by settlement of foundation, defective workmanship or materials furnished in the construction or any part thereof or any of the accessories thereto constructed by the Contractor. It being understood that the purpose of this section is to cover all defective conditions arising by reason of defective material and charge the same against the said Contractor, and sureties on this obligation, and the said Contractor and sureties hereon shall be subject to the liquidation damages mentioned in said contract for each day's failure on its' part to comply with the terms of said provisions of said contract. Now, therefore, if the said Contractor shall keep and perform its' said agreement to maintain said work and keep the same in repair for the said maintenance period of two (2) years, as provided, then these presents shall be null and void, and have not further effect, but if default shall be made by the said Contractor in the performance of its' contract to so maintain and repair said work, then these presents shall have full force and effect, and said :City of Coppell, TX. shall have and receive from the said Contractor and its' principal and sureties damages in the premises, as provided; and it is further agreed that this obligation shall be a continuing one against the principal and sureties, hereon, and that successive recoveries may be and had hereon for successive branches until the full amount shall have been exhausted; and it is further understood that the obligation herein to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished or in any manner affected from any cause during said time. 2 -14 Contract Documents Jim Bowman IN WITNESS WHEREOF, the said Construction Co., L.P. has caused these presents to be executed by Ji Bowman and the said kas caused these presents to be executed by its Attorney in fact and the said ttorney in fact Tammi Entriken has hereunto set his hand, the 7 th day of July , 20 09 PRINCIPAL fim Bowman C B: Title: Jim Bo truction. Co. SURETY First National Ir Title: Tammi Entriken, Attorney- in�-Fa A TTTOm. f America 2 -15 Contract Documents NOTE: Date of Maintenance Bond must not be prior to date of Contract. PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive Venue shall lie in Dallas County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder or the specifications accompanying the same shall in anyway affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work or to the Specifications. This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Dallas County or Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19 -1 of the insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in one of which shall be deemed an original, this the 7th day of , PRINCIPAL Jim Bowman By: Title: Jim Bowman, G.M. A EST: 4 copies, each 20 09 Fi i rsstt National By: -- Title: Tammi Entriken, Attorney: i nTFa ATTEST: Resident Agent of the Surety in Dallas or Denton County, Texas, for delivery of notice and service of the process is: NAME: Davis— Dyer —Max, Inc. ADDRESS: 3200 Broadway S -400 Garland, TX 75043 NOTE: Date of Performance Bond must be date of Contract.. If Resident Agent is not corporation, give person's name. 2 -11 Contract Documents PAYMENT BOND STATE OF TEXAS COUNTY OF DALLAS KNOW ALL MEN BY THESE PRESENTS: That Jim Bowman Construction Co, L .P. whose address is 1111 Summit Ave., S -1, Plano, TX., 75074 , hereinafter called Principal, and First National Insurance Company of America a corporation organized and existing under the laws of the State of WA. , and fully licensed to transact business in the State of Texas as Surety, are held and firmly bound unto the CITY OF COPPELL, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called 'Beneficiary ", in the penal sum of n„o Hundred Tho usand Two Hundred Twelve & 75/100 DOLLARS ($ 100,212 75 ) in lawful money of the United States, to be paid in Dallas County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract with the City of Coppell, dated the 29th of June , A.D. 20__ , which is made a part hereof by reference, for the construction of certain public improvements that are generally described as follows: Construction of the: Kimbel Kourt Repaving (Sandy Lake to Village Parkway) Project No. MA 09 -01 Bid No. Q- 0609 -01 NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modification to the Surety is hereby expressly waived, then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive Venue shall lie in Dallas County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder or the Plans, Specifications, Drawings, etc., accompanying the same, shall in anyway affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder. 2 -12 Contract Documents This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Dallas County or Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19 -1 of the insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WIIERE ®F, this instrument is executed in one of which shall be deemed an original, this the 7 day of PRINCIPAL SURETY copies, each , 20 _�aq_ . By: Jim Bowm on Co., T..P_ B National ea Construe Title: ,Ti Bo (T_M_ Title: Tammi Ent n, At ATTEST: ATTEST: The Resident Agent of the Surety in Dallas or Denton County, Texas, for delivery of notice and service of the process is: NAME: Davis —Dyer —Max Inc ADDRESS: 3200 Broadway, S -400, Garland, TX. 75043 NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name. 2 -13 Contract Documents MAINTENANCE BOND STATE OF TEXAS COUNTY OF DALLAS KNOW ALL MEN BY THESE PRESENTS: THAT Jim Bowman . First a Iona CnngtruCtion Co_ "T._P_ as Principal, and TnG it n -e Compa of Amer a corporation organized under the laws of Washington , as sureties, do hereby expressly acknowledge themselves to be held and bound to pay unto the C ity of Coppell, TX. , a Municipal Corporation, Texas, the sum of One Hundred Thousand Two Hundred Twelve Dollars and 75/100 Cents ($ 100,212.75_J for the payment of which sum will and truly be made unto said C ity of Coppell, TX. , and its successors, said principal and sureties do hereby bind themselves, their assigns and successors jointly and severally. THIS obligation is conditioned; however, that whereas, the said Jim Bowman Construction Co., L.P. has this day entered into a written contract with the said __ cit y of Coppell_, TX, to build and construct Kimbel Kourt Repaving (Sandy Lake to Village Parkway) Project No. MA 09 -01 Bid No. Q- 0609 -01, which contract and the plans and specifications therein mentioned, adopted by the City of Coppell. TX_ are hereby expressly made a part thereof as through the same were written and embodied herein. WHEREAS, under the plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair, the work herein contracted to be done and performed, for a period of two (2) years from the date of the acceptance of said work, and to do all necessary repairs and/or reconstruction in whole or in part of said improvements that should be occasioned by settlement of foundation, defective workmanship or materials furnished in the construction or any part thereof or any of the accessories thereto constructed by the Contractor. It being understood that the purpose of this section is to cover all defective conditions arising by reason of defective material and charge the same against the said Contractor, and sureties on this obligation, and the said Contractor and sureties hereon shall be subject to the liquidation damages mentioned in said contract for each day's failure on its' part to comply with the terms of said provisions of said contract. Now, therefore, if the said Contractor shall keep and perform its' said agreement to maintain said work and keep the same in repair for the said maintenance period of two (2) years, as provided, then these presents shall be null and void, and have not further effect, but if default shall be made by the said Contractor in the performance of its' contract to so maintain and repair said work, then these presents shall have full force and effect, and said " :City of Coppell, TX. shall have and receive from the said Contractor and its' principal and sureties damages in the premises, as provided; and it is further agreed that this obligation shall be a continuing one against the principal and sureties, hereon, and that successive recoveries may be and had hereon for successive branches until the full amount shall have been exhausted; and it is further understood that the obligation herein to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished or in any manner affected from any cause during said time. 2 -1¢ Contract Documents Jim Bowman IN WITNESS WHEREOF, the said Construction Co., L.P. has caused these presents to be executed by Jim Bowman _ and the said, - Fi r st Nat anal - n crance c„mn po f °. ° = i n Os caused these presents to be executed by its Attorney in fact and the said Attorney in fact Tammi Entriken , has hereunto set his hand, the 7th day of July ) 20 09 PRINCIPAL SURETY J im Bowman Constructio Co., L.P. -First National Insurance Company of America Title: JimVBowman. G.M Vx7rmXTVee. By: Title: Tammi Entriken, Attorney= in�-Fa A TTL'QT. 2 -15 Contract Documents NOTE: Date of Maintenance Bond must not be prior to date of Contract. s First National Insurance Company of America L iberty POWER 1001 4th Avenue OF ATTORNEY Suite 1700 Seattle, WA 98154 KNOW ALL BY THESE PRESENTS: No. 10538 That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint **** ***** * * *RAYM0N R. DYER; TAMMI ENTRIKEN; LARRY HUGHSTON; PERRY MAX; Garland, Texas * * ***** ** its true and lawful attorneys) -in -fact, with full authority to execute on behalf of the company fidelity and surety bonds or -nderta kin c and other rinrumentc of ? girrltf?r character issued by th in 4hg enures of itc h�icin�cc anrVl tG, hind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 21st a kA Dexter R. Legg, Secretary Timothy A. Mikolajewski, Vice President CERTIFICATE Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: F'41A "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secre a-ry of Company setting out, (1) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power -of- attorney appointment, executed pursuant thereto, and (iii) Certifying that said power -of- attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." 1, Dexter R. Legg , Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect_ IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this day of 1 � S- 1049/DF 3/09 day of March 4. r Dexter R. Legg, Secretary WEB PDF SAFECO State o' Texas Surety Bond Claim Notice I; accord_ ace With Seciion 2253.021(r) of the Texas Government Code and Section 53.202(6) of the Texas Property Code, any notice of claim to the named surety under this bond(s) should be sent to: SAFECO Surety Adams Building 4634 154th PL NE Redmond, WA 98052 Mailing Address: SAFECO Surety PO Box 34526 Seethe, WA 98124 Phone: (425) 376 -6535 Fax: (425) 376 -6533 v/ wv_SAFECO_com SECTION 3 STANDARD SPECIFICATIONS SUPPLEMENTARY CONDITIONS T H E - C I T Y - 0 F CITY OF COPPELL SUPPLEMENTARY CONDITIONS TO THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS GENERAL PROVISIONS THESE SUPPLEMENTARY CONDITIONS AMEND THE STANDARD SPECIFICATIONS FOR THE PUBLIC WORKS CONSTRUCTION — NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS, FOURTH EDITION AS INDICATED BELOW. ALL PROVISIONS WHICH ARE NOT AMENDED OR SUPPLEMENTED REMAIN IN FULL FORCE AND EFFECT. ALL PROVISIONS AMENDED REMAIN IN FULL FORCE AND EFFECT AS AMENDED. DIVISION 100: GENERAL PROVISIONS ITEM 101. — DEFINITIONS & ABBREVIATIONS SC -101.1 En ineer: The word "Engineer" in these contract documents and specifications shall be understood as referring to CITY ENGINEER, City of Coppell, P.O. Box 9478, Coppell, TX 75019, Engineer of the Owner, or such other representatives as may be authorized by said owner to act in any particular position. Owner The word "Owner" in these contract documents and specifications refers to the CITY OF COPPELL acting through its authorized representatives. Consulting Engineer Wherever the word "Design Engineer" is used in the Specifications and Contract Documents, it shall be understood as referring to the Design Engineer or his authorized representative, Freese and Nichols, Inc., 1701 N. Market Street, St #500, Dallas, TX 75202. Calendar Day Add the following sentence to the end of the working days definitions: "Hours worked before 8:00 a.m. or after 5:00 p.m., all weekends and holidays are subject to overtime. Overtime request or scheduled testing must be made in writing and approved by the City of Coppell. Seventy - two hours notice required. All overtime incurred by the City for inspection services and any overtime incurred by the testing laboratory shall be paid by the Contractor. If not paid, such cost may be deducted from partial payments." The pay rate scale for Inspector overtime charges will be $54/hr. All other terms used in these Supplementary Conditions which are defined in the General Provisions shall have the same meanings used in the General Provisions. ITEM 103.3 — SURETY BONDS SC- 103.3.1 3 -2 Standard Specifications Supplementary Conditions Add following sentence to Item 103.3.1: "Maintenance Bond shall be required in the amount of 50% of the cost of the public improvements for a 2 year period." ITEM 103.4 - INSURANCE SC- 103.4.6 Add the following new item: "103.4.6 If OWNER requests in writing that other special insurance be included in the property insurance policy, CONTRACTOR shall, if possible, include such insurance, and the cost thereof will be charged to OWNER by appropriate Change Order or Written Amendment. Prior to commencement of the Work at the site, CONTRACTOR shall in writing advise OWNER whether or not such other insurance has been procured by CONTRACTOR." SC- 103.4.7 Add the following new item: 103.4.7 CONTRACTOR intends that any policies provided in response to Item 1.26 shall protect all of the parties' insured and provide coverage for all losses and damages caused by the perils covered thereby. Accordingly, all such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurer will have no rights of recovery against any of the parties named as insured or additional insured, and if such waiver forms are required of any Subcontractor, CONTRACTOR will obtain the same." SC- 103.4.7a Add the following new item: "103.4.7a Freese and Nichols, Inc. shall be included as an "Additional Insured" on all project liability insurance." ITEM 103.6 - NOTICE TO PROCEED AND COMMENCEMENT OF WORK SC -103.6 Add following sentence to end of Item 103.6. "Before Contractor starts the Work at the site, a conference attended by Contractor, Engineer and others as appropriate will be held to discuss the schedules referred to in Items 105.3, 108.1 and 109.5.1, to discuss procedures for handling Shop Drawings and other submittals and for processing 3 -3 Standard Specifications Supplementary Conditions Applications for Payment, and to establish a working understanding among the parties as to the Work." ITEM 104.2 - CHANGE OR MODIFICATION OF CONTRACT SC- 104.2.1 104.2.1 Amend the last sentence in Paragraph two of Item 104.2.1 to delete the following "except as provided below." Add the following sentence to the end of paragraph two in Item 104.2.1. "The unit price of an item of Unit Price Work shall be subject to re- evaluation and adjustment under the following conditions: ITEM 105.1— CONTRACT DOCUMENTS SC- 105.1.1 Add the following language at the end of the Item 105.1.1: "If there is any conflict between the provisions of the Contract Documents and any such referenced standard specifications, manuals or codes, the provisions of the Contract Documents shall take precedence over that of any standard specifications, manuals or codes." SC- 105.1.3 Amend the first sentence of Item 105.1.3 by changing "such copies" to be "five copies ". Add the following to the end of Item 105.1.3: The Contractor may take borings at the site to satisfy himself as to subsurface conditions." ITEM 105.2 - WORKMANSHIP, WARRANTIES AND GUARANTEES SC- 105.2.2 Amend the first sentence of Item 105.2.2 to change the words 'one year" to "two years ". ITEM 105.4 — CONSTRUCTION STAKES SC -105.4 Delete Item 105.4 in its entirety and insert the following in lieu thereof: "Construction stakes /surveying shall be provided by the CONTRACTOR. Monumentation has been provided for establishing vertical and horizontal control. The Contractor shall be responsible for establishing all lines and grades, and the precise location of all proposed facilities. The ENGINEER 3 -4 • Standard Specifications Supplementary Conditions may make checks as the Work progresses to verify lines and grades established by the Contractor to determine the conformance of the completed Work as it progresses with the requirements of the construction documents. Such checking by the Engineer shall not relieve the Contractor of his responsibility to perform all Work in connection with Contract Drawings and Specifications and to the lines and grades given therein." ITEM 107.3 - OWNER'S OFFICERS. EMPLOYEES OR AGENTS SC- 107.3.2 Replace Item 107.3.2 with the following new paragraph: "107.3.2 Conflict of Interest City Charter states that no officer of the City shall have a financial interest, direct or indirect, in any contract with the City, nor shall be financially interested, directly or indirectly, in the sale to the City of any land, or rights or interest in any land, materials, supplies or services. This prohibition does not apply when the interest is represented by ownership of stock in a corporation involved, provided such stock ownership amounts to less than one percent (1 %) of the corporation stock. Any violation of this prohibition will constitute malfeasance in office. Any officer or employee of the City found guilty thereof should thereby forfeit his office or position. Any violation of this prohibition with the knowledge, expressed or implied, of the persons or corporations contracting with the City shall render the contract voidable by the City Manager or the City Council. The Contractor represents that no employee or officer of the City has an interest in the Contractor." ITEM 107.14 - STATE AND LOCAL SALES AND USE TAXES SC- 107.14 Delete Item 107.14 and substitute the following in lieu thereof: "107.14 Recent legislation has removed the sales tax exemption previously provided by Section 151.311 of the Tax Code covering tangible personal property purchased by a contractor for use in the performance of a contract for the improvement of City-owned realty. It is still possible, however, for a contractor to make tax -free purchase of tangible personal property, which will be incorporated into and become part of a City construction project through the use of a "separated contract" with the City. A "separated contract" is one, which separates charges for materials from charges for labor. Under such a contract, the contractor becomes a "seller" of those materials, which are incorporated into the project, such as bricks, lumber, concrete, paint, etc. The contractor issues a resale certificate in lieu of paying the sales tax at the time such items are purchased. The contractor then receives an exemption certificate from the city for those materials. (This procedure may not be used, however, for 3 -5 Standard Specifications Supplementary Conditions materials, which do not become a part of the finished product. For example, equipment rentals, form materials, etc. are not considered as becoming "incorporated" into the project). Utilization of this "separated contract" approach eliminates the need for bidders to figure in sales tax for materials, which are to be incorporated into the project. The successful bidder's bid form will be used to develop the "separated contract" and will determine the extent of the tax exemption. Upon execution of the construction contract, the contractor shall furnish a breakdown (per item) of 1) materials incorporated into the project; and 2) labor, equipment, supervision and materials not incorporated into the project." ITEM 107.19 - PROTECTION OF WORK AND OF PERSONS AND PROPERTY SC- 107.19.2.1 Add the following new Item 107.19.2.1 immediately after Item 107.19.2: 107.19.2.1 Should CONTRACTOR cause damage to the work or property of any separate Contractor at the site, or should any claim arising out of CONTRACTOR'S, OWNER, ENGINEER, Consulting Engineer or any other person, CONTRACTOR shall promptly attempt to settle with such other Contractor by agreement, or to otherwise resolve the dispute by arbitration or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold OWNER, ENGINEER and Consulting Engineer harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees of engineers, architects, attorneys and other professionals and court and arbitration costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any separate Contractor against OWNER, ENGINEER or Consulting Engineer to the extent based on a claim arising out of CONTRACTOR'S performance of the Work. Should a separate Contractor cause damage to the work or property of CONTRACTOR or should the performance of work by any separate Contractor at the site give rise to any other claim, CONTRACTOR shall not institute any action, legal or equitable, against OWNER, ENGINEER or Consulting Engineer or permit any action against any of them to be maintained and continued in its name or for its benefit in any court or before any arbiter which seeks to impose liability on or to recover damages from OWNER, ENGINEER or Consulting Engineer on account of any such damage or claim. If CONTRACTOR is delayed at any time in performing or furnishing Work by any act or neglect of a separate Contractor and OWNER and CONTRACTOR are unable to agree as to the extent of any adjustment in Contract Time attributable thereto, CONTRACTOR may make a claim for an extension of time in accordance with Item 1.36. An extension of the Contract Time shall be CONTRACTOR's exclusive remedy with respect to OWNER, ENGINEER and Consulting Engineer for any delay, disruption, interference or hindrance caused by any separate Contractor." ITEM 107.23 — EXISTING STRUCTURES, FACILITIES AND APPURTENANCES 3 -6 Standard Specifications Supplementary Conditions SC- 107.23.2a Add the following new Item 107.23.2a immediately after Item 107.23.2: "107.23.2a Existing Utilities and Sewer Lines The Contractor shall be responsible for the protection of all existing utilities or service lines crossed or exposed by the construction operations. Where existing utilities or service lines are cut, broken or damaged, the CONTRACTOR shall replace the utilities or service lines with the same type of original construction, or better, at his own cost and expense. This includes any and all irrigation systems, whether or not they are identified on the plans. If it is necessary to change or move the property of any owner or of a public utility, such property shall not be moved or interfered with until authorized by the ENGINEER. The right is reserved to the owner of any public utility to enter upon the limits of the project for the purpose of making such changes or repairs of their property that may be made necessary by the performance of this contract." ITEM 108.1— PROGRESS SCHEDULE SC -108.1 Amend the first sentence of Item 108.1 by adding the following at the beginning of the sentence: "If requested by Owner, Engineer or Contractor ". ITEM 108.3 - OTHER CONTRACTORS; OBLIGATION TO COOPERATE SC -108.3 Delete the last sentence of the second paragraph and substitute the following in lieu thereof: "In such event, Contractor shall be entitled to an extension of working time only for unavoidable delays verified by the Engineers, as provided in Item 108.8; however, no increase in the contract price shall be due the Contractor." Insert the following sentence at the end of the second paragraph of Item 108.3: "The ENGINEER shall coordinate such other work with the CONTRACTOR and schedule events to minimize delay caused to the CONTRACTOR. No additional time shall be given to the CONTRACTOR of such related work except as provided in Item 108.8." ITEM 108.8 - DELAYS; EXTENSION OF TIME; LIQUIDATED DAMAGES SC -108.8 3 -7 Standard Specifications Supplementary Conditions Add the following at the end of the last paragraph in Item 108.8: "No extension of the contract time shall be allowed unless the CONTRACTOR can demonstrate the delay caused an adverse impact to the critical path and that loss of time can not be made up by revising the sequence of the work of the project." DIVISION 200: SITE PROTECTION AND PREPARATION ITEM 203 — SITE PREPARATION 203.3.2 Add the following sentence after the second sentence: "The method of protection shall be 2 inch by 4 inch wood railing unless otherwise shown on the Plans or directed by the Engineer." ITEM 203.7 - EMBANKMENT 203.7.3. Strike the first sentence and replace with the following: "Earth embedment and select material shall be compacted to between 95 percent and 100 percent of Standard Proctor Density as determined by ASTM D -698 at or up to five (5) percentage points above, optimum moisture content, using mechanical compaction methods, unless otherwise specified in the Plans or Specifications." DIVISION 300: ROADWAY CONSTRUCTION ITEM 303. — PORTLAND CEMENT CONCRETE PAVEMENT 303.2.4 Mineral Admixtures. Delete paragraph 303.2.4 in its entirety. The use of Fly Ash as an admixture in any Class of concrete is specifically prohibited without written approval of the Engineer. ITEM 303.5 - CONSTRUCTION METHODS 303.5.4 Joints 303.5.4.2 Expansion Joints: Replace with the following: "Expansion joints shall be installed perpendicularly to the surface and centerline of the pavement. Expansion Joint material shall be redwood boards, 3/4 -inch in width, and extended through curbs. Expansion joints are to be installed at each end of radius at street intersections. Expansion joints shall be equally spaced between intersections with not less than one every 200 linear feet of pavement, unless otherwise specified on the Plans or directed by the Engineer. 303.5.4.2.3 Proximity to Existing Structures: Add to end of sentence, "or as directed by the Engineer ". 3 -8 Standard Specifications Supplementary Conditions 303.5.4.3 Contraction Joints. Delete the first sentence of the first paragraph and insert the following: "Contraction or dummy joints shall be sawed to T/4 inches in depth, and 1/4 inch in width, and installed every 20 linear feet of pavement, and extend through curb, unless otherwise directed by the Engineer." 303.5.6 Finishing. 303.5.6.1 Machine. Add the following paragraph at the end of this subsection: "Fog sprays powered by pressure pumps, and capable of covering the entire area of freshly placed concrete with a fine mist, shall be used if water is needed for finishing operations." 303.5.6.2 Hand. Add a new paragraph after first paragraph which reads as follows: "Fog sprays powered by pressure pumps, and capable of covering the entire area of freshly placed concrete with a fine mist, shall be used if water is needed for finishing operations." DIVISION 500: UNDERGROUND CONSTRUCTION AND APPIJRTENANCES ITEM 504. — OPEN CUT - BACKFILL 504.2.3.3.3 Additional Requirements (2) Additional Requirements for Type 'B" backfill when used in streets: Insert the following paragraph at the beginning of this subsection: "All trench backfill shall be compacted to between 95 percent and 100 percent of Standard Proctor Density as determined by ASTM D -698 at, or up to five (5) percentage points above, optimum moisture content, using mechanical compaction methods unless otherwise specified in the Plans. Water jetting may be used only with specific written permission of the Engineer." ITEM 504.5 - EMBEDMENT 504.5.3.2 Compaction 504.5.3.2.1 Densities - Areas Not Subjected to or Influenced by Vehicular Traffic. Amend the second sentence by striking the words "to a density comparable with adjacent undisturbed material' and replacing with "to a density between 95 percent and 100 percent Standard Proctor Density as determined by ASTM D -698 at, or up to five (5) percentage points above, optimum moisture content, unless otherwise specified in the Plans or directed by the Engineer." DIVISION 800: MISCELLANEOUS CONSTRUCTION & MATERIALS ITEM 803 — SLOPE AND CHANNEL PROTECTION 3 -9 Standard Specifications Supplementary Conditions 803.3.3 Riprap Construction Methods 803.3.3.6 Mortar Riprap. Add the sentence: "Mortar or concrete type shall be approved by the Engineer and shall conform to A.S.T.M. C 387 -83." 3 -10 Standard Specifications Supplementary Conditions SECTION 4 SPECIFIC PROJECT REQUIREMENTS T H E - C I T Y - 0 F SPECIFIC PROJECT REQUIREMENTS The construction specifications, which apply to this project are the Standard Specifications for Public Works Construction - North Central Texas Council of Governments Fourth Edition. The following Specific Project Requirements contain general and specific project requirements applicable to this project in the City of Coppell. These individual specifications control for this project. Additional amendments to the NCTCOG Standard Specifications are contained in Section 3 - Supplementary Conditions to the Standard Specifications for Construction. In the event that an item is not covered in the Project Drawings (Construction Plans) and these Specifications, then the Standard Specifications for the City of Coppell, Texas shall apply. In addition, reference to the following shall be considered as referring to the specifications or Method of Test as set forth by these organizations and shall be considered as part of the Specifications when referenced. A.S.A. American Standards Association A.S.T.M. American Society of Testing Materials A.A.S.H.T.O. American Association of State Highway & Transportation Officials A.C.I. American Concrete Institute A.W.S. American Welding Society A.W.W.A. American Water Works Association S.S.P.C. Steel Structures Painting Council, Federal Specifications Treasury Department U.L. Underwriters Laboratories N.E.M.A. National Electrical Manufacturers Association W.P.C.F. Water Pollution Control Federation TX.DOT Texas Department of Transportation C.D.G.S. City of Dallas General Specifications S.S.P.W.C.N.C.T. Standard Specifications for Public Works Construction North Central Texas T.M.U.T.C.D. Texas Manual on Uniform Traffic Control Devices 4 -2 Specific Project Requirements 1.1 OWNER: The "OWNER" or "City" as referred to in these Specifications is the City of Coppell, 255 Parkway Boulevard, P.O. Box 9478, Coppell, Texas 75019. 1.2 ENGINEER: The "Engineer" as referred to in these Specifications is the City Engineer, City of Coppell, Engineer of the Owner, or such other representatives as may be authorized by said owner to act in any particular position. 1.3 STANDARD CONSTRUCTION SPECIFICATIONS FOR THE CITY OF COPPELL: All improvements described in this Proposal and Construction Drawings shall be performed in accordance with the Project Drawings and Specifications. In the event that an item is not covered in the Project Drawings and Specifications, then the City of Coppell Standard Construction Details (Ord. #2006 - 1129), and Appendix `C' Design Criteria and Standards in the City of Coppell Subdivision Ordinance (Ord. #94 -643) shall apply. 1.4 SITE: The Contractor shall limit his work to the area shown on the Project Drawings as within the street right -of -way. Entrance onto private property shall be at the expressed approval of the ENGINEER, only. 1.5 PROJECT DESCRIPTION: This work shall consist of the reconstruction of Kimbel Kourt from 100 feet north of E. Sandy Lake Road to Village Parkway (approximately 450 feet). This road is currently a 2- lane asphalt roadway and will be reconstructed as a two -lane concrete roadway. Associated sidewalk and driveway approaches will be constructed, as well as storm drain improvements. The roadway may be closed from 100 feet north of Sandy Lake Road to the intersection of Village Parkway. Access to the driveway within the area 100 feet north of Sandy Lake Road shall not be obstructed. Work shall include all components necessary for the "turn key" construction of the project as shown in the plans for the Kimbel Kourt Project # MA 09 -01. 1.6 CALENDAR DAY COUNT: Calendar days shall be counted by the Engineer on the basis of the definition set out in the General Conditions of Agreement. The calendar day count shall be suspended upon receipt by the Engineer of a written request for final inspection. The calendar day count shall resume upon receipt by the Contractor of a written list of items necessary to satisfactorily complete the project. This process shall continue until such time as the project is accepted by the Engineer, and the Owner. The calendar day count will not be suspended or otherwise affected by use of completed portions or "substantial completion" of any of the project. 1.7 SAFETY PRECAUTIONS: The Contractor shall comply with all applicable laws including the Occupational Safety and Health Act of 1970, ordinances, rules, regulations and order of any public authority have jurisdiction for the safety of persons or property to protect them from damage, injury or loss. He shall erect and maintain, as required by existing conditions and progress of the work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. 4 -3 Specific Project Requirements 1.9 SURVEY AND FINISHED GRADES: Horizontal and vertical control is provided by the owner as shown on the plans. The Contractor shall be responsible for layout and staking of all grades and lines for construction utilizing qualified survey personnel. The Contractor shall preserve all stakes or markings until authorized by the Engineer to remove same. The Contractor shall bear the cost of the re- establishing any control or construction stakes destroyed by either him or a third party and shall assume the entire expense of rectifying work improperly constructed due to failure to maintain established points and marks. No separate payment shall be made to the Contractor for construction staking which shall be considered incidental to the project and payments made under specific Pay Items shall be considered as full compensation for these requirements. 1.10 CONFORMITY WITH DRAWINGS: All work shall conform to the lines, grades, cross - sections, and dimensions shown on the Drawings. Any deviation from the Drawings which may be required by the exigencies of construction will be determined by the Engineer and authorized by him in writing. 1.11 TESTING LABORATORY SERVICE: The Owner shall make arrangements with an independent laboratory acceptable for testing as required by the construction plans and standard specifications. The Contractor shall bear all related costs of retests, or reinspections. The Contractor shall notify the ENGINEER in a timely manner of when and where tests or inspections are to be made so that they may be present. One copy shall be provided to the contractor of all reports and laboratory test results. Testing by the Owner does not alleviate the contractors' responsibility for his own quality assurance /quality control testing. Contractor shall replace any deficient construction items. 1.12 SUSPENSION OF WORK: If the work should be stopped or suspended under any order of the court, or other public authority, the Owner may at any time during suspension upon seven days written notice to the Contractor, terminate the Contract. In such an event, the Owner shall be liable only for payment for all work completed plus a reasonable cost for any expenses resulting from the termination of the Contract, but such expenses shall not exceed $5,000. 1.13 PRESERVATION OF TREES: Permission of the Engineer must be obtained for removal of trees that obstruct the installation of the improvements as outlined for this project in these Contract Documents. The penalty for the removal or destruction of a tree without obtaining written permission from the Engineer shall be $500.00 per caliper inch payable to the Owner. If damage is occurring or is likely to continue, tree guards shall be erected when so directed by the Engineer at the Contractor's expense. 1.14 COOPERATION OF CONTRACTOR: The Contractor shall have on the project at all times, as his agent, a competent Superintendent capable of reading the plans and specifications and thoroughly experienced in the type of work being performed. The Superintendent shall have full authority to execute orders or directions and to promptly 4 -4 Specific Project Requirements supply such materials, equipment, tools, labor and incidentals as may be required. Such superintendence shall be furnished irrespective of the amount of work contracted. The Superintendent and the Contractor shall be responsible for supervision of all work performed by the subcontractor at all times during construction. 1.15 WARNING DEVICES: The Contractor shall have the responsibility to provide and maintain all warning devices and take all precautionary measures required by law to protect persons and property while said persons or property are approaching, leaving or within the work site or any area adjacent to said work site. Compensation will be paid to the Contractor for the installation or maintenance of any warning devices, barricades, lights, signs or any other precautionary measures required by law for the protection of persons or property under pay item to Furnish, Install and Maintain Traffic Control Devices. The Contractor shall assume all duties owned by the City of Coppell to the general public in connection with the general public's immediate approach to and travel through the work site and area adjacent to said work site. Where the work is carried on, in, or adjacent to, any street, alley, sidewalk, public right -of- way or public place, the Contractor shall at his own cost and expense provide such flagmen and watchmen and furnish, erect and maintain such warning devices, barricades, lights, signs and other precautionary measures for the protection of persons or property as are required by law. The Contractor shall submit a traffic control plan to be reviewed by the City prior to the beginning of work. In preparing the traffic control plan, the contractor shall take into account that the project will be constructed in multiple phases. The contractor shall be responsible for placing notices on private residences prior to the beginning of each phase that shows revised traffic patterns. No lane shall be barricaded before 9:00 a.m. or after 4:00 p.m. The Contractor's responsibility for providing and maintaining flagmen, watchmen, warning devices, barricades, signs, and lights, and other precautionary measures shall not cease until the project shall have been fully and finally accepted by the Owner. If the Engineer discovers that the Contractor has failed to comply with the applicable federal and state law (by failing to furnish the necessary flagmen, warning devices, barricades, lights, signs or other precautionary measures for the protection of persons or property), the Engineer may order such additional precautionary measures as required by law to be taken to protect persons and property, and to be reimbursed by the Contractor for any expense incurred in ordering such additional precautionary measures. In addition, the Contractor will be held responsible for all damages to the work and other public or private property due to the failure of warning devices, barricades, signs, lights, or other precautionary measures in protecting said property, and whenever evidence is found of such damage, the Engineer may order the damaged portion immediately removed and replaced by and at the cost and expense of the Contractor. If the damages are not corrected in a timely fashion, then the City shall have the right to repair the damage and charge the cost back to the Contractor. All of this work is considered incidental to pay item I -48 — Traffic Control. 4 -5 Specific Project Requirements 1.16 EXISTING UTILITIES, STRUCTURES AND OTHER PROPERTY: In regards to existing utilities, structures and other property within, crossing or adjacent to the site, the Contractor understands and accepts the following conditions: a. Prior to any excavation, the Contractor shall determine the locations of all existing water, gas sewer, electric, telephone, telegraph, television, and other underground utilities and structures. This includes the water and sanitary sewer services. b. After commencing the work, the Contractor will use every precaution to avoid interferences with existing underground and surface utilities and structures, and protect them from damage. C. Where the locations of existing underground and surface utilities and structures are indicated, these locations are generally approximate, and all items that may be encountered during the work are not necessarily indicated. The Contractor shall determine the exact locations of all items indicated, and the existence and locations of all items not indicated. d. The Contractor shall repair or pay for all damage caused by his operations to all existing utilities, public property, and private property, whether it is below ground or above ground, and he shall bear sole responsibility to settle the total cost of all damage suits which may arise as a result of this operations. e. To avoid unnecessary interferences or delays, the Contractor shall coordinate all utility removals, replacements and construction directly with the appropriate utility company. 1.17 DRAINAGE: The Contractor shall maintain adequate drainage at all times. 1.18 PROJECT MAINTENANCE: The Contractor shall maintain, and keep in good repair, the improvements covered by these plans and specifications during the life of the contract. 1.19 CLEANUP: During Construction The contractor shall at all times keep the job site as free from all material, debris and rubbish as is practicable and shall remove same from any portion of the job site when it becomes objectionable or interferes with the progress of the project, and/or when requested to do so by the Owner. Final Upon completion of the work, the Contractor shall remove from the site all plant, materials, tools and equipment belonging to him and leave the site with an appearance acceptable to the Engineer and the Owner. The Contractor shall thoroughly clean all equipment and materials installed by him and shall deliver over such materials and equipment in a bright, clean, polished and new - appearing condition. 4 -6 Specific Project Requirements 1.20 INSPECTION: The word "Inspection" or other forms of the word, as used in the contract documents for this project shall be understood as meaning an Owner's agent will observe the construction on behalf of the Owner. The agent will observe and check the construction in sufficient detail to satisfy himself that the work is proceeding in general accordance with the contract documents, but he will not be a guarantor of the Contractor's performance. 1.21 DISPOSAL OF WASTE AND SURPLUS EXCAVATION: All trees, stumps, slashings, brush or other debris removed from the site as a preliminary to the construction of the various improvements shall be removed from the property by the Contractor. Any required burning and/or disposal permits shall be the sole responsibility of the Contractor. All excavated materials in excess of that required for backfilling shall be removed from the job site and disposed of in a satisfactory manner by the Contractor. 1.22 WATER FOR CONSTRUCTION: The Contractor shall make the necessary arrangement for securing and transporting all water required in the construction of this project, including water required for mixing of concrete, sprinkling, testing, flushing, flooding, or jetting. The Contractor shall provide water as required at his own expense. 1.23 GUARANTEE: All work shall be guaranteed against defects resulting from the use of inferior materials, equipment or workmanship for a period of two (2) years from the date of final completion and acceptance of the project. 4 -7 Specific Project Requirements SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 1.1 GENERAL: A. Contractor to submit Shop Drawings, Product Data and Samples as required by the Contract Documents and as specified in other sections of the specifications. 1.2 SHOP DRAWINGS: A. As soon as practicable after contract award, submit to the Engineer, for review, the required number of bound copies of shop drawings of all items as specified in the various sections of these specifications, accompanied by letters of transmittal. B. Shop drawings shall include: Manufacturer's catalog sheets and/or descriptive data for materials and equipment; showing dimensions, performance characteristics, and capacities and other pertinent information as required to obtain approval of the items involved. C. No work requiring shop drawings will be executed until review and acceptance of such drawings has been obtained. 1.3 PRODUCT DATA: A. Preparation: 1. Clearly mark each copy to identify pertinent products or models. 2. Show performance characteristics and capacities. 3. Show dimensions and clearances required. B. Manufacturers standard schematic drawings and diagrams: 1. Modify drawings and diagrams to delete information that is not applicable to the work. 2. Supplement standard information to provide information specifically applicable to the work. 1.4 SAMPLES: Provide samples as indicated in other parts of these specifications. 1.5 CONTRACTOR RESPONSIBILITIES: A. Review Shop Drawings and Product Data prior to submission. B. Determine and verify: 1. Field measurements. 2. Field construction criteria. 3. Catalog numbers and similar data. 4. Conformance with specifications. 4 -8 Specific Project Requirements C. Coordinate each submittal with requirements of the work and of the Contract Documents. D. Begin no work that requires submittals until return of submittals with Engineer's review. E. Keep one (1) approved copy of shop drawings or product data at job site at all times. 1.6 SUBNIISSION REQUIREMENTS: A. Make submittals promptly and in such sequence as to cause no delay in the work or in the work of any other contractor. B. Number of submittals required: 1. For shop drawings and product data: Submit the number of copies that the contractor requires, plus two that will be retained by the Engineer. C. Submittals shall contain: 1. The date of submission and the dates of any previous submissions. 2. The project title. 3. The names of. a. Contractor b. Supplier C. Manufacturer 4. Identification of the product. 5. Field dimensions, clearly identified as such. 6. Relation to adjacent or critical features of the work or materials. 7. Applicable standards, such as ASTM or Federal Specification numbers. 8. Identification of deviations from Contract Documents. 9. Identification of revisions on re- submittals. 10. Contractor's stamp, initialed or signed, certifying to review of submittal, verification of products, field measurements and field construction criteria, and a \coordination of the information within the submittal with requirements of the work and of Contract Documents. 11. Fabrication and erection drawings lists and schedules. 12. Basis of design and design calculations signed and sealed by a registered professional engineer. 13. Seal and signature of a register engineer on all structural submittals. 1. Shop drawing and product data information review will be general. Such review will not relieve the contractor of any responsibility and work required by the Contract. 2. Satisfactory shop drawings will be so designated and all sets, except four (4), returned to the Contractor. Rejected shop drawings will be so designated and 4 -9 Specific Project Requirements all sets except two (2) will be returned to the Contractor, with indications of the required corrections and changes. 3. Rejected shop drawings will be corrected and resubmitted to the Engineer for Acceptance. 1.7 RESUBMISSION REQUIREMENTS: A. Make any corrections or changes in the submittals required by the Engineer and resubmit until accepted. B. Shop Drawings and Product Data: 1. Revise initial drawings or data, and resubmit as specified for the initial submittal. 2. Indicate any changes that have been made other than those requested by the Engineer. 1.8 ENGINEER'S RESPONSIBILITIES: A. Review submittals with reasonable promptness. B. Affix stamp and initials or signature, and indicate requirements for re- submittal, or acceptance of submittal. C. Return submittals to Contractor for distribution, or for resubmission. 4 -10 Specific Project Requirements SECTION 5 DESCRIPTION OF PA Y ITEMS T H E C I T Y - O F I i ti 8 SECTION 5 - DESCRIPTION OF PAY ITEMS This section includes comments concerning various Pay Items so that the CONTRACTOR can fully understand the scope of work involved in the Pay Items. 1. Construction No Pay Items: All work necessary for the orderly completion of the project, but not specifically included as a pay item in the Proposal, shall be considered subsidiary to the Contract and no separate or additional payment will be made therefore. For example, there shall be no separate payment for the following: (a) removal and replacement of any signs, (b) removal of spoils, (c) salvage of concrete parking stops, (d) water for construction, (e) surveying to re- establish grade, (f) maintenance of streets during construction, (g) sprinkling for dust control, (h) coordination with any outside agencies, (i) any other incidentals necessary to complete the work.. 2. Construction Pay Items: Pay items as listed in the proposal shall be measured and paid for in accordance with the applicable measurement and payment paragraphs in the Standard Specifications for Public Works Construction — North Central Texas Council of Governments Fourth Edition, unless modified by these Special Provisions. All work for this project shall be governed by the Standard Specifications for Public Works Construction — North Central Texas Council of Governments Fourth Edition, the City of Coppell Standard Construction Details (Ord. #2006 - 1129), and Appendix `C' Design Criteria and Standards in the City of Coppell Subdivision Ordinance (Ord. #94 -643), together with any additional Supplementary Conditions, Specific Project Requirements, General Notes or Description of Pay Items included herein. 2.1. Pay Item #I -1 Mobilization & Demobilization: This pay item shall consist of actual cost: a. Bonds and insurance b. Transportation and setup for equipment c. Transportation and/or erection of all field offices, sheds and storage facilities d. Salaries for preparation of submittals required before the first payment request e. Salaries for field personnel assigned to the project related to the mobilization of the project f. Mobilization may not exceed 5 percent of the total contract amount g. Cost for mobilization may be submitted only for work completed. Note: The total amount bid for Mobilization shall not exceed ten percent (10 %) of the total contract bid amount. Measurement and Payment shall be as follows: No more than 50% of this bid Item shall be submitted on the first pay estimate after the initial mobilization has taken place. The balance of the mobilization amount may be billed on the first invoice following completion of 50% of the contract amount. 5 -2 Description of Pay Items Payment shall be total compensation for furnishing all labor, materials, tools, and equipment necessary to complete the work. 2.2. Pay Item #I -2 Furnish, Install, Maintain, and Remove Traffic Control Devices: This pay item shall consist of the placement of the required traffic control devices in accordance with the approved traffic control plan and TMUTCD. The Contractor shall submit a traffic control plan for review and approval by the Owner prior to erecting any traffic control devices. Coppell City Council has approved a resolution allowing the closure of Kimbel Kourt from 100 feet north of Sandy Lake Road to Village Parkway. This closure is authorized through September 30, 2009, at which time the road should be opened to two -way traffic. At no time during construction will Village Parkway be closed to traffic. The driveway on the west side of Kimbel Kourt within the area to remain open shall not be blocked at any time during construction. Measurement and Payment shall be made on the basis of price bid per lump sum (LS) and shall be total compensation for preparing the traffic control plan, placing barricades and signs and for furnishing all other materials, tools, street markings, changeable message boards, flagmen, equipment, labor, and any other incidentals necessary to implement the traffic control plan and maintain traffic around the project, except where shown, during construction of the project. Payment for this item shall begin on the first payable monthly construction estimate after barricades, signs and traffic handling devices have been installed in accordance with the traffic control plan. Monthly payment based on the calendar days bid shall be made each succeeding month for this item provided the barricades, signs and traffic handling devices have been installed and maintained in accordance with the traffic control plan until the contract amount has been paid. Failure to complete the scheduled work in the bid time will not increase this pay item. 2.3. Pay Item #I -3 Furnish, Install, Maintain, and Remove Erosion Control Devices: This pay item is subject to the Texas Commission on Environmental Quality (TCEQ) requirements for construction projects. Under the Texas Pollution Discharge Elimination System general construction permit (TXR 150000) an operator of a construction site that will disturb one (1) or more acres is required to obtain a permit for the discharge of storm water runoff. This project will disturb less than one (1) acre, and as such no submittal to the TCEQ will be required. The contractor will be required to post a Construction Site Notice, and will be required to develop and implement a site specific Storm Water Pollution Prevention Plan (SW3P). Any rock filter dams, silt fencing, inlet protections, or other type of erosion control are subsidiary to pay item #I -3. The SWP3 must describe and ensure the implementation of best management practices that will be used to reduce, to the maximum extent possible, the pollutants and storm water discharges associated with the construction activity. 5 -3 Description of Pay Items Measurement and Payment shall be made on the basis of the price bid per lump sum (LS) for preparation and implementation of the SW3P. This includes any necessary revisions to the erosion control plan throughout the term of construction and the installation, sequencing, and maintenance of structural control measures throughout the term of construction. Payment shall be total compensation for furnishing all labor, materials, tools, and equipment necessary to complete the work and payment shall be prorated throughout the term of construction based on the calendar days. 2.4. Pay Item #I4 Project Signs: This pay item shall consist of the installation of a project sign on each end of the project. The sign shall be constructed in accordance with the details found in Section 6 of the Specifications. The City will furnish the City logo for the sign. Measurement and Payment shall be made on the basis of price bid per each (EA) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work and maintaining sign throughout project. 2.5. Pay Item #I -5 Sawcut, Remove and Dispose of Existing Asphalt Pavement: This pay item shall consist of the saw cut, removal, and disposal of the existing asphalt pavement to the limits as shown in the plans. Work shall be in accordance with NCTCOG Item 203. Where only a portion of the asphalt is to be removed, the asphalt shall be saw cut full depth to avoid damage to that portion of the asphalt to remain in place. Contractor shall, at his expense, replace any pavement that he damages or removes that is required for the maintenance of traffic. The Contractor and the Owner's representative shall measure the asphalt pavement prior to removal. The Contractor shall not stockpile removed material on the job site, unless specifically authorized in writing by the Owner, and is responsible for locating a suitable disposal site. This item does not include the removal of any asphalt constructed for detours. It only includes removal of existing asphalt prior to construction beginning. Note: All Saw cutting for removal is subsidiary to this item. Measurement and Payment shall be made on the basis of the price bid per square yard (SY) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. 2.6. Pay Item #I -6 Sawcut, Remove and Dispose of Existing Concrete Pavement: This pay item shall consist of the saw cut, removal, and disposal of concrete sidewalks, driveways, brick pavers, pavement, and riprap as designated and to the limits as shown in the plans. Work shall be in accordance with NCTCOG Item 203. Where only a portion of the existing concrete is to be removed, the concrete shall be saw cut full depth and removed to the saw lines as shown in the plans. Removal of the concrete shall be accomplished leaving a clean vertical side. Damaged vertical sides shall be resawed, removed, and replaced at the Contractor's expense. The limit of pay shall only be to the original saw line. The Contractor and the Owner's representative shall measure the concrete items prior to removal. The Contractor shall not stockpile removed material on the job site, unless specifically authorized in writing by the owner, and is responsible for locating a suitable disposal site. Note: All Saw cutting for removal is subsidiary to this item. 5 -4 Description of Pay Items Measurement and Payment shall be made on the basis of the price bid per square yard (SY) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. 2.7. Pay Item #I -7 Furnish & Install 18" RCP Drainage Pipe: This pay item shall consist of the installation of ASTM C -76 Class III precast reinforced concrete storm drain pipe at the locations and to the grades shown on the plans. All fittings and bends shall be prefabricated. Work shall be constructed in accordance with the City of Coppell Standard Construct Details (6090). All necessary trench safety protection shall be subsidiary to this item. Trench safety systems, where required, shall meet the requirements of the Occupational Safety and Health Administration (OSHA). The Contractor is directed to become knowledgeable with the standards as set forth by OSHA and to provide a viable trench safety system at all times during construction activities, and the Contractor is responsible for conforming to such regulations as prescribed by OSHA standards. Measurement and Payment shall be made on the basis of price bid per linear foot (U) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work, including all excavation, embedment and backfill. 2.8. Pay Item #I -8 Construct 10' Curb Inlet: This pay item shall consist of the construction of standard 10' curb inlets at the locations and grades shown in the plans. The cost for furnishing and placing reinforcement is subsidiary to the price bid per each. Work shall be in compliance with the City of Coppell Standard Construction Detail (6020). Measurement and Payment shall be made on the basis of price bid per each (EA) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. 2.9. Pay Items #I -9 Construct 4' Square Storm Drain Junction Box Over Existing 21" Drainage Pipe: This pay item shall consist of the construction of a square storm drain manholes at the location and to the grade shown in the plans. The cost for furnishing and placing reinforcement is subsidiary to the price bid per each. Work shall be in compliance with the City of Coppell Standard Construction Details (6010). Removal and tying in the existing 21" RCP as indicated in the plans is subsidiary to this item. Furnishing and adjustment of the ring and cover is subsidiary to this item. Measurement and Payment shall be made on the basis of price bid per each (EA) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. 5 -5 Description of Pay Items 2.10. Pay Item #I -10 Furnish & Install 8" Lime Stabilized Subgrade: This pay item shall consist of the furnishing of hydrated lime , and treatment of the top 8" and the full width of subgrade by pulverization, addition of 42 LBS /SY of lime, mixing and compacting, and remixing and recompacting the top 6" of the mixed material to the required density. Full width shall be that distance from one foot (F) behind the back of curb on each side of roadway. Subgrade shall be constructed to the lines and grades as required by the plans and specifications. Work shall be in compliance with NCTCOG Item 301.2. Note: Furnishing Hydrated Lime is subsidiary to this item. Measurement and Payment shall be made on the basis of price bid per square (SY) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. 2.11. Pay Item #I -11 Furnish & install 7" Reinforced Concrete Pavement with 6" Monolithic Curb: This work includes the construction of the specified thickness of reinforced concrete pavement (including integral curb, where indicated) at the locations shown on the construction plans or as determined by the Engineer, in accordance with the appropriate details and specifications. All concrete used for this project shall be Class "C" concrete with a minimum cement content of 6 sacks per cubic yard and minimal compressive strength of 3,600 psi at 28 days. No fly ash will be permitted The 6" monolithic curb, where indicated is subsidiary to this pay item, therefore, no separate payment will be made for the curb. All concrete, except for City approved "leave outs ", shall be placed with a self - propelled paving machine.. CONTRACTOR shall pay close attention to NCTCOG Item 303.5.4.3 "Contraction Joints" regarding sawing of joints. In general, joints shall be sawed into the completed pavement surface as soon after initial concrete sets as possible so the some raveling of the green concrete is observed in order for the sawing process to prevent uncontrolled shrinkage cracking. Failure to perform the work in compliance with these requirements and those in Item 303.5.4.3 will subject the slab to rejection. All joints shall be spaced a maximum of 15 -18 feet apart. All joints shall be sealed with silicone joint sealing prior to opening the road to traffic. Measurement and Payment for work performed and materials furnished related to the construction of reinforced concrete pavement of the specified thickness, as provided herein, shall be made on the basis of the price bid per square yard (SY) in accordance with NCTCOG Item 303.9, and shall be total compensation for furnishing and/or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work. 2.12. Pay Item #I -12 Furnish & Install 6" Reinforced Concrete Driveway: This pay item shall consist of the construction of concrete driveways as shown on the plans. All concrete for construction shall be Class "C " concrete having a minimum of 6 sacks of cement per cubic yard and a minimum compressive strength of 3,600 psi at 28 days. No fly ash shall be permitted. The cost for furnishing and placing reinforcement is subsidiary to the price bid. Work shall be in compliance with NCTCOG Item 303. 5-6 Description of Pay Items Measurement and Payment shall be made on the basis of price bid per square yard (SY) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. 2.13. Pay Item #I -13 4" Reinforced Concrete Sidewalk (Incl Ramps): This pay item shall consist of the construction of a concrete sidewalk in the locations as shown in the plans. All concrete for construction shall be Class "A" having a minimum of 5 sacks of cement per cubic yard and a minimum compressive strength of 3,000 psi at 28 days. The cost for furnishing and placing reinforcement is subsidiary to the price bid. All sidewalk construction shall be in compliance with the Texas Accessibility Act Article 9102 of the Texas Civil Statute as administered by the Texas Department of Licensing and Regulations. Any sidewalk found to be in non - compliance shall be removed and brought to compliance at the Contractor's expense. Work shall be in compliance with the City of Coppell Standard Construction Details (2170) and all applicable NCTCOG Specifications. Measurement and Payment shall be made on the basis of price bid per square yard (SY) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. 2.14. Pay Item #I -14 Restore Parkway and Disturbed Area: This pay item shall consist of all work, materials, and incidentals necessary to restore parkways, yards, irrigation systems, or any other improvements to an equal or better condition than that prior to construction. Parkways and other grassed areas along the length of the project shall be fine graded and cut to receive sod. Topsoil shall be placed in low areas to bring them to grade, and shall consist of a friable, dark clayey loam material free of lumps, stones, and other unsuitable material. Unless otherwise directed by the owner, block sod matching the species that existed prior to construction and /or the species adjacent to the disturbed areas shall be placed in all disturbed areas. Contractor shall be required to water, protect, and repair any damaged areas until completion and final acceptance by the owner. Measurement and Payment shall be made on the basis of price bid per Lump sum (LS) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work. 5-7 Description of Pay Items SECTION 6 TECHNICAL SPECIFICATIONS CITY OF COPPELL P ROJECT SIGN R � � f1 F L TC �� �' �i ,�1 T C : � � ,'1 � ►:�) C' �` � 1 m NOTES: 1) LETTERING SHOULD F# SOLD TYPE 2) SIGN PANEL WILL BE 3/4" EXTERIOR PLYWOOD PAINTED AS SHONIN ON DETAIL 3) FRAME WILL 1 2"X4" STOCK REINFORCED BEHIND SIGN PANEL AT APPROX 2` CENTERS 4) ALL PAINT TO BE "OUTDOOR TYPE" 5) COPPELL LOGO TO BE PROVIDED BY THE CITY EXAMPLE: IlD FOR OR miom NUMBER. 9726 BETHEL RD PROJECT (S' 0341) CONTUCTOR: (000) 000 -0000 �wx-=Lo COMPLETION OATS.- XXXXXX 20OX